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(영문) 수원지방법원 성남지원 2017.05.18 2017고단372
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a C van.

On December 29, 2016, the Defendant, around 20:00, proceeded straightly at a speed of about 75 km in the speed of 65 km in the direction of sexual south in the direction of the same head of the Dong and mi-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation of the brake and steering gear according to traffic signals.

Nevertheless, the defendant, by negligence in the process of the red signal in contravention of the signal, was sent to the left part of the victim D(25) driver's e-wheeled vehicle's vehicle's left part of the victim D(25) driver's e-wheeled vehicle's vehicle's vehicle's front part of the defendant's e-wheel driver's vehicle, who was going directly to the right or left part in the direction

Ultimately, the Defendant, at around 05:15 of the same month, caused the victim’s death at the Gannam-si Seoul Metropolitan Hospital located in 173 Doo-ro, Sungnam-si, Sungnam-si, resulting in the death of the victim F (45 years old), who was on board the Defendant’s driver’s cab, caused the victim’s injury, such as dump, tensions, etc. requiring approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. Each internal investigation report and each investigation report;

1. Application of Acts and subordinate statutes to death certificates and diagnostic certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to paragraph (2) 1 of the same Article concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the cases where it is against the victim, the vehicle driven by the defendant is insured by the mutual aid association and the victim D's bereaved family members and smoothly agreed upon);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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