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(영문) 수원지방법원 평택지원 2016.11.10 2016고단1652
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 car.

On June 10, 2016, around 09:57, the Defendant proceeded ahead of the E company, which is located in Ansan-si D, with one way from the side of the snow reservoir to the principle of charging.

There was a duty of care to prevent accidents by accurately manipulating the steering room and the steering system for those engaged in driving service.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전방을 제대로 살피지 아니하고 진행한 과실로 진행 차로를 벗어나 우측 가드레일을 충격하고 논바닥 쪽으로 추락하여 뒷자리에 타고 있던 피고인의 친구인 피해자 F(19세)으로 하여금 차 밖으로 튕겨져 나가게 하였다.

Ultimately, at around 11:02 on June 10, 2016, the Defendant caused the victim to die from the emergency room of the H hospital located in Ansan-si G to the respiratory and circulative body due to the blood plessis, etc. by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A and I statements;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order: The scope of recommending sentencing guidelines for the reasons of sentencing under Article 62-2: All kinds of consideration, including the fact that there is no record of crime in the mitigation area (four to one year) of the types of general traffic accidents (the death of traffic accidents), the fact that there is no record of crime

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