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(영문) 수원지방법원 안양지원 2018.06.22 2018고단418
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 wing and cargo vehicle B.

On March 9, 2018, the Defendant came to turn to the left two-lanes from the location of the D Hospital, the front side of the D Hospital in the Maan-gu, Mayang-si, Sinyang-si, Annyang-si, to the left two-lanes from the location of the D Hospital.

There are three-distances where signal apparatuses and crosswalks are installed, so there was a duty of care to prevent accidents and drive safely by accurately operating the front left left and the right of the driver of the motor vehicle.

Nevertheless, when the defendant neglected to do so, he did not find the victim E (the 75 years of age) who was pushed down on the right side from the left side of the running direction of the defendant living together with his negligence and did not discover that he was the victim E (the 75 years of age) and got the front side of the defendant's vehicle to go beyond the road.

In the end, the Defendant caused the death of the victim by occupational negligence as seen above, 11:12 on the same day at the time of the same 170-ro 170 Sinpo-ro, Sinpo-ro, 170.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports (1), (2) on traffic accidents;

1. A CCTV photograph or an accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The grounds for sentencing under the sentencing guidelines] - The area of special mitigation (two months to one year) for the type of general traffic accidents (the death or injury of a traffic accident) - Special mitigated person: the victim was also at fault due to the occurrence of a traffic accident or the expansion of damage, resulting in the victim's serious result of the victim's death.

However, the defendant repents his wrongness in depth.

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