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(영문) 수원지방법원 2017.05.10 2016고단8030
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 motor vehicle B.

On October 21, 2016, the Defendant driven the above car at a speed of 23:20 on October 21, 2016, and driven the D Company's front side of the D Company in C in C at a speed of flive speed from the new distance.

At night, there was a duty of care to prevent accidents in advance by checking the safety in the course by checking well the person engaged in driving of a motor vehicle at night.

Nevertheless, the Defendant neglected to do so and got the victim E (56) crossing the road from the left side of the running direction to the right side of the road due to the negligence of the Defendant’s negligence and received the front part of the vehicle driving by the Defendant.

Ultimately, at around October 22, 2016, the Defendant caused the death of the victim from G hospital located in the Osan City F on October 22, 2016 due to the foregoing occupational negligence, such as the transfer of the cardiopulmonary function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. Application of traffic accident reports, traffic accident reports, vehicle photographs and investigation photographs, victim photographs, photographs of the scene of the accident, death diagnosis reports, and Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) in the area of special mitigation (two months to one year) (special mitigation factors) [the victim] also has a substantial fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage), which is disadvantageous to the victim (decision of sentence] - The occurrence of a serious result of the victim's death by neglecting the driver's duty of prior guidance.

b.77 - The defendant is recognized as all of the crimes of this case. Until now, the suspension of qualifications is more.

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