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(영문) 수원지방법원 2017.07.04 2017고단2307
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On February 1, 2017, the Defendant: (a) driven a K5-lane on February 1, 201, around 08:43, at a speed exceeding 37.7 km, while driving at a speed exceeding 40 km in the direction of the city bus terminal in the vicinity of the Gyeonggi University, while driving at a speed exceeding 37.7 km, the Defendant: (b) was a victim C (the age of 85) who was walking along the edge of the road where the steering gear was under way due to negligence and failed to properly operate the steering gear; (c) was driven by the front gate of the K5 car on March 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (in response to a request for appraisal);

1. A survey report on actual conditions;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury) [Determination of Type] General Traffic Accidents, Type 2 (Death or Injury of Traffic Accidents) [Person Subject to Special Sentencing] Punishment, Non-existence of Punishment [The scope of recommended punishment] mitigated area, April or imprisonment without prison labor for one year;

(b) the criteria for suspension of execution (major reasons) negative - positive - in the event of death, - non-conformity with punishment, and no record of criminal punishment (general reasons) - positive - non-life comprehensive motor vehicle insurance.

3. Determination of sentence: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and background of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

[The favorable circumstances] The Defendant committed the instant crime.

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