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(영문) 수원지방법원 성남지원 2016.09.08 2016고단1791
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a third party vehicle.

On April 20, 2016, the Defendant driven the said car on April 13:20, 2016, and proceeded directly from the wave to the public health center at a speed of about 40km per hour from the wave to the public health center.

Since there was a crosswalk at the front of that place, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a road to reduce the speed and to see well the front door, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and went beyond the ground by taking the victim F (78 years old) who was crossing the passenger car front side from the left side to the right side of the defendant's car front side as the part of the defendant's passenger car front part.

Ultimately, at around 17:25 on April 20, 2016, the Defendant caused the death of the victim due to low-tension shocks from a vehicle located in the 59-ro in the Gi-gu, Sungnam-si (Yi-dong), which was being treated after-the-job care at the end, and from a university branch hospital at the university branch hospital at the university.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the traffic accident investigation report, traffic accident occurrence report, each photograph, death diagnosis report, and postmortem inspection protocol;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order, resulting in a serious result of death, and the defendant's negligence is also hot.

However, the execution of punishment shall be suspended and community service shall be imposed in consideration of the fact that the victim has agreed with the bereaved family and the mistake is in profoundly against the victim, and only one time of fine.

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