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(영문) 수원지방법원 2016.06.22 2016고단1851
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a two-way passenger car as his duty.

On March 25, 2016, the Defendant driven the above vehicle on March 25, 2016, and driven the front road of the D Hospital D, which is located in Permitted-si C, at a speed of 50 to 60km from both sides, at a speed of 50 to 60km from both sides, depending on one lane of the two lanes.

Since a crosswalk and signal are installed at a place, the driver of any motor vehicle shall safely drive the motor vehicle by checking well the right and the right of the front and the right of the road.

Nevertheless, the Defendant did not properly look at the front, and got off the front part of the above vehicle while crossing the road on pedestrian color signals, etc. at the front of the above D Hospital, the victim E (V, 74 years old) was placed ahead of the above vehicle.

Ultimately, at around April 1, 2016, the Defendant caused the death of a victim who was receiving medical treatment at a university hospital in the Young-gu, Young-gu, Young-si on April 1, 2016 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A criminal investigation report (Confirmation ofCCTV image, etc.);

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 of the suspended sentence [the scope of recommendation] The ground for sentencing [the range of punishment] under Article 62(1) of the Criminal Act / [the case where there is a substantial negligence in the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two months to one year) (the special mitigation factor] / the victim is not subject to punishment [the decision of sentence] : The circumstances that are favorable to the occurrence of the victim's death: the victim's failure to punish; the victim's unauthorized crossing without permission seems to be a part of the occurrence of traffic accidents and the expansion of damage; the victim's unauthorized crossing without permission is subscribed to a comprehensive insurance; there is no record of criminal punishment; the above circumstances and the defendant's seal.

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