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(영문) 수원지방법원 성남지원 2018.11.01 2018고단666
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 two cargo vehicles in B.

On December 9, 2017, the Defendant driven the above cargo vehicle at around 06:42, the Defendant was driving from the Jin apartment surface of the two-lane 4319-1, Taenam-si, Sungnam-si, Taenam-si, to the spon of the two-lane 4319-1.

At all times, crosswalks and yellow on-and-off signals are installed on the front door, so in such cases, the driver engaged in the driving duty has the duty of care to check whether there is any person who gets on the road by reducing the speed and by checking well the right and the right and the right and the right and the right and the right and the

Nevertheless, if the defendant neglected this and proceeded by negligence, he was the victim C (78 years old) who crosses the crosswalk to the right side from the left side of the road, and received the front portion of the above cargo vehicle.

Ultimately, on September 7, 2018, the Defendant caused the death of the victim due to cerebrovascular pulmonary pulmonary pulmonary pulmonary d in the E convalescent hospital located in Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate or death certificate;

1. Management and repair ledger for the report of traffic accidents and signals, etc.;

1. Photographs of a traffic accident scene map and on-site interim measures taken;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements from victim's bereaved family members);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) (the decision of sentencing from April to one year) [the decision of sentencing] occurrence of serious results leading to the death of the victim due to the accident in this case, and the degree of violation of the defendant's duty of care is not easy.

However, the defendant requested rescue at 119 immediately after the accident and the defendant's person.

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