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(영문) 수원지방법원 안산지원 2017.07.21 2017고단745
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing cargo vehicle.

On January 29, 2017, the Defendant driven the above vehicle at around 19:20, and driven the Do road in front of the member-gu in Ansan-si, Ansan-si, and go straight along the one-lane of the two-lanes in the greenhouse hospital at the seat of the sports park.

At the time, there was a snow getting off, and at night, the defendant engaged in driving of a motor vehicle had the duty of care to prevent accidents by accurately manipulating the front door and the left and right, and by accurately manipulating the steering and brakes, etc.

Nevertheless, the Defendant did not discover the victim E ( South, 58 years old) who sited at a one-lane road due to the negligence of operation by neglecting this, and was placed in front of the rocketing vehicle.

Ultimately, the Defendant’s occupational negligence caused the death of a victim who was receiving medical treatment at the Kansan Medical Center Hospital located in 123(Seoul-si), an installment savings deposit of the members of the Kansan-si on January 29, 2017, due to the above occupational negligence, due to the death of the victim due to the external brain thirrosis.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A fact-finding survey report and a traffic accident occurrence report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 Criminal Act of the suspended sentence [the scope of the recommended punishment] In the case where there are two types of general traffic accidents (the death of traffic accidents) in the area of special mitigation (two months to one year) [the victim] due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage) (the decision of sentence] [the circumstances of the accident in this case, the degree of negligence of the defendant related to the occurrence of the accident in this case, the degree of the victim's bereaved family members and the victim's bereaved family members, the records of previous punishment, and other facts that the defendant led to confession and reflect.

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