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(영문) 수원지방법원 2018.01.16 2017고단6003
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a C25 tons truck.

On July 3, 2017, the Defendant driven a truck on the upper 06:45 on July 3, 2017, and got back to the facility in order to treat wastewater in the E workplace located in the wife population D.

At the time, the injured FF(60) was on duty in the place of the public structure, and thus, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering direction and brakes while living well in the future.

Nevertheless, the Defendant neglected this and did not discover the victim who was on the back of the Defendant’s back, and did not discover the victim who was working on the back of the Defendant’s back, and received the victim from the back of the Defendant’s driver’s car and caused the victim to wear the victim between the above car truck and the facility.

Ultimately, the Defendant caused the victim to have the above occupational negligence on the same day at the H hospital located in Young-si G around 07:39 of the same day, resulting in the victim’s sule death due to traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to traffic accident reports, related photographs, visual closures, etc., foreigner identification information, and body autopsy records;

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 imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing criteria apply, are applied, where the area of mitigation (from April to one year) is to be special mitigated (aggravating: No penalty shall be imposed;

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

Vehicles operated by Defendant are insured by the Financial Cooperative.

The defendant agreed with the bereaved family members of the victim.

Criminal defendants shall be punished by a fine, except for a long time.

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