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(영문) 수원지방법원 2017.09.06 2017고단3252
교통사고처리특례법위반(치사)
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

On April 16, 2017, at around 09:5 on April 16, 2017, the Defendant: (a) opened a crosswalk where no signal, etc. is available at the front of the middle school located in the front of the 60-day middle school at a rate of two lanes of the 60-lane of the 22-lane in Suwon-gu, Suwon-si, Suwon-si; (b) the Defendant was negligent in neglecting his/her duty of care to safely drive a bicycle on the right-hand side while checking whether there is a pedestrian who has to reduce speed and enter the crosswalk; and (c) found the victim C (77 years) who gets a bicycle on the right-hand side of the crosswalk and was on board the victim's body on the front side of the 60-day middle school at a rate of two-lane of the 60-day middle school; and (d) caused the victim to stop the victim's body and the bicycle on April 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to survey reports, photographs, death certificates, autopsy reports, and comprehensive analysis reports by the Road Traffic Authority for traffic accidents;

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 (the occupation of occupational and dental doctors), and selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered favorable to the reason for sentencing) - the circumstances unfavorable to the reason for sentencing of the instant accident occurred - the victim’s death is a serious consequence of the instant accident. The victim’s bereaved family members agree with the victim’s bereaved family members to commit the instant crime. - The victim’s bereaved family members do not have any punishment for the Defendant any longer. - The victim also did not wear a safety mother, and attempted to cross the crosswalk with the bicycle without complying with the method of crossing the crosswalk of the bicycle crossing under the Road Traffic Act, taking into account the fact that the Defendant is partly responsible for the instant consequence.

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