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(영문) 수원지방법원 2016.02.04 2015고단4785
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the service of operating a cruise car.

On August 5, 2015, the Defendant driven the above cruise car at a speed of 00:39, and proceeded at a speed of about 70 km in the speed of the city, following the Dhop road located in Suwon-si C at a speed of about 50 km.

At the time of night, there was a duty of care to prevent an accident caused by the operation of a motor vehicle in accordance with the regulatory speed by keeping the boom and the left and the right of the person engaged in the operation of the motor vehicle well.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the time exceeding 60 km per hour, which is a Domin, and neglected to perform his duty at the time of the front of the road, thereby receiving the victim E (54) who illegally crossed the marina without permission, as the part on the top of the port side of the cruise car.

As a result, due to the above negligence of the defendant, the victim died from the emergency room of the Suwon-si Hospital at around 01:08 on the same day, which was being treated in the middle-term unit of the Suwon-si in Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Photographs related to accidents;

1. Sending a comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes to photographs related to accidents (fix a black stuff image)

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service and Criminal Act [the scope of recommendation] general traffic accident [the range of punishment] is determined as per the order in consideration of the various circumstances, including the circumstances presented as the above special mitigation factors, in which the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage, in the area of special mitigation (two months to ten months) (the special mitigation factors] [the victim]. The punishment is determined as per the order, in addition to the circumstances presented as the above special mitigation factors. The defendant reflects his mistake, and the first offender is the first offender.

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