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(영문) 수원지방법원 성남지원 2017.05.18 2016고단4148
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driving of CFD motor vehicles.

On November 22, 2016, the Defendant driven the above car at around 18:00, and led to the left turn to the left while driving the cross-distance crossing in front of the E in Gwangju City, Gwangju City, at the 1st day of the village hall at each city of Gwangju, to the special street.

At the same time, there was a bus stop at the front door of the defendant and the victim F (50 years old) was placed in the front door of the defendant, so in such a case, the driver of the motor vehicle had a duty of care to take care of the front door left and left well, and to prevent the accident by accurately manipulating the steering direction and the brake system of the motor vehicle.

Nevertheless, the Defendant neglected to turn to the left as it is and received the front part of the Defendant’s vehicle on the bridge of the above victim F (V, 50 years old).

Ultimately, the Defendant caused the victim to die due to such occupational negligence in the branch of the Seoul National University Hospital, which was located in the 82-ro, 173-ro, Sungnam-si, Sungnam-si on November 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing the scene photographs of the accident, boom fluor images and the field investigation photographs;

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 the selection of imprisonment without prison labor;

1. The suspended sentence under Article 62(1) of the Criminal Act resulted in the death of a victim by negligence while driving the defendant for the reason of sentencing. However, the sentence as ordered shall be determined by comprehensively taking into account all the following factors: (a) the fact that the defendant has agreed with his bereaved family members; (b) the fact that the defendant's driving vehicle is covered by a comprehensive motor vehicle insurance; (c) the defendant is the primary offender; and (d) the age of the defendant; (d)

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