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(영문) 수원지방법원 성남지원 2017.03.16 2016고단3636
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 Bone Star Co., Ltd.

On September 19, 2016, the Defendant driven the above vans around 12:00, and led to the crossing of the private distance in front of the D gas station in Gwangju City, to the 3rd road access road from the ebbbs of the ebs of the street to the 3rd road.

Since there is an intersection where a yellow on-and-off signal is carried out, there was a duty of care to prevent accidents in advance by checking whether there is another vehicle passing through the intersection by the driver of the vehicle, and examining the left and the right of the vehicle.

Nevertheless, the Defendant neglected this and proceeded with the intersection without reducing speed, and did not discover the victim E (62 tax) who is driving in the vicinity of the metropolitan high school in Gwangju High School (62 ) and did not discover the fBS125 obababab, which is driving in the vicinity of the above obababa, and received the part driving by the victim with the upper part of the right part of the above obababa in front of the above obaba.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at H hospitals located in Gwangju-si, Gwangju-si, where the victim was under transmission treatment at around 16:26 of the same day, due to brain cerebral pressure, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A traffic accident report and a death diagnosis report;

1. Investigation reports (the analysis of traffic accidents by the Road Traffic Authority) and the application of statutes as a result of traffic accident analysis;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence shall be suspended and the community service order shall be ordered, taking into account the fact that the victim’s bereaved family members agreed to agree with each other and their mistakes are in profoundly against each other, although a serious consequence of death occurred due to traffic accidents due to the reason of sentencing under Article 62-2

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