(영문) 수원지방법원 성남지원 2017.09.07 2017고단1689

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(영문) 수원지방법원 성남지원 2017.09.07 2017고단1689

교통사고처리특례법위반(치사)

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On February 21, 2017, the Defendant driven the above rocketing car around 06:48, and driven the front road of the “D” member in Gwangju-si, Gwangju-si, thereby driving approximately 64.4 km at the speed of 64.4 km between the new distance and the two-lanes.

At the time, there was still a new wall time around, and in this case, there was a duty of care to prevent accidents in advance by reducing speed and safely examining the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and proceeded with the victim E (the age of 57) (the age of 57) who was laid down on the left side from the right side of the vehicle driving direction of the Defendant’s vehicle driving by his negligence while driving the crosswalk, which was driven by the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on March 10, 2017, at the Sungnam-si, Sungnam-ro, 173, where the transfer fee was paid, due to the Defendant’s death by blood transfusions, etc. at the Seoul Alternative Hospital located in 82-ro, Sungnam-si, Sungnam-ro, 173.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. A fine of five million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 59(1) of the Criminal Code of the Suspension of Sentence does not include the crime that causes the death of the victim due to the negligence of the defendant for the reason of sentencing.

However, there is considerable negligence on the instant accident even to the victim who illegally crossed the new wall before sunrise.

참조조문

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