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(영문) 수원지방법원 평택지원 2016.11.02 2016고단1783
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 a B-ro car.

On July 27, 2016, the Defendant driven the above vehicle at around 07:10, and driven the front road in Pyeongtaek-si C at a speed of about 40km per hour, depending on the two-lanes of speed, the front road in front of Pyeongtaek-si, the front road in front of the city, the front road in front of the city, the front road in front of the city, the front road in front of the city.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant failed to discover the bicycles driven by the victim E (the aged 79) who had been changed from two lanes to one lane in the same direction due to the negligence of neglecting this, and caused the victim to go beyond the ground floor by taking part of the bicycle left side of the victim's bicycle.

Ultimately, at around 15:44 on the same day, the Defendant caused the death of the victim in an emergency room of the Masung-Seoul (Kannam University), located in the same day as the foregoing occupational negligence, due to the cardio-cerebral chronic stop and the respiratory suspension.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the police of bereaved families;

1. The actual survey report on traffic accidents, and the report on the occurrence status;

1. A death certificate;

1. Application of Acts and subordinate statutes to each photograph;

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 the suspended sentence under Article 62(1) of the Criminal Act (determination on the application of the sentencing criteria): The scope of recommending sentence for the reasons for the sentencing of Article 62(1) of the Criminal Act (determination on the application of the sentencing criteria): The decision to suspend the execution of imprisonment without prison labor for April through one year (the areas of mitigation): The decision to suspend the execution of imprisonment without prison labor for a period from April to one year (the sources of imprisonment without prison labor for a violation of punishment, the absence of criminal punishment, the social relation clear, the serious reflectrity): April of the imprisonment without prison labor for a period of two years, and

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