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(영문) 수원지방법원 2018.09.18 2018고단3129
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in DM520.

On May 11, 2018, the Defendant was driving the said car at the area E Apartment-gu 105 apartment house at the area of Suwon-gu, Suwon-si, Suwon-si, Seoul Special Metropolitan City on May 11, 2018.

In such cases, a person engaged in driving service has a duty of care to observe the future and to prevent accidents by accurately manipulating the system and speed system.

Nevertheless, the Defendant neglected the operation of the vehicle and caused the victim F(69) to take care of the victim F(69), a security guard, who was cleaning on the rear side of the vehicle under the wind, due to negligence of taking a speed pedal by the driver, was placed on the back of the above SM520 vehicle.

Ultimately, around May 17, 2018, the Defendant caused the death of a victim by occupational negligence at a university hospital in Aju to the brain mathy at the university hospital in Aju, around May 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident scene photograph, and a photograph related to the case;

1. A CD in an accident;

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 the recommended sentence] traffic accidents in general traffic accidents in the area of mitigation (such as traffic accidents in April to one year): In the area of mitigation (the decision of sentence] (the decision of sentence], the crime of this case was caused by shocking the damaged person who was in the backside by negligence taking the speed system due to the driving failure while driving, and resulting in death. The criminal liability is heavy in that the result of the death of the victim was caused by the Defendant’s breach of his duty of care.

However, the defendant recognized the crime of this case and divided his mistake, the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and the defendant's bereaved family is the victim.

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