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(영문) 수원지방법원 안산지원 2020.06.25 2020고단1583
교통사고처리특례법위반(치사)
Text

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

However, 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 car in B T-gu.

On February 11, 2020, the defendant moved the above car parked in the public parking lot located in the member-gu C in Ansan-si, Ansan-si on February 11, 2020.

Since there are many pedestrians, in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as checking the front door and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant did not grasp the right and the right and the right and the right and the right and the right and the right and the Defendant did not discover the victim D (the age of 82) who walked on the left side of the said motor vehicle, and received the part of the victim's body part with the upper part of the left side of the said motor vehicle.

Ultimately, at around 17:06 on the same day, the Defendant caused the victim's death by an exposure show in the F Hospital in Yeongdeungpo-gu E in Suwon-gu, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Bluckings images of vehicles;

1. Application of Acts and subordinate statutes on a written autopsy;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [type 2] the death of a traffic accident [special person] - the mitigated element: [including a serious effort to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, the imprisonment without prison labor for four to one year [the general person] mitigation element: The comprehensive motor vehicle insurance coverage, the serious reflector - the increased element: the same criminal record [the grounds for suspension of execution] that does not constitute a repeated offense - The principal pride cause: the amount of penalty - the amount of death or serious injury occurs.

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