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(영문) 수원지방법원 성남지원 2018.04.26 2018고단401
교통사고처리특례법위반(치사)
Text

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

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 a Crane car.

On September 1, 2017, when driving the above vehicle at around 09:25, and driving the two-lanes of the two-lanes of the two-lanes in the south of the Gangwon-gu Seoul Special Metropolitan City Gangwon-gu, the person subject to the duty of care to live well at the right side and proceed safely while driving at the right side, despite the fact that there was a duty of care to keep the said vehicle safely, due to the negligence of failing to do so, the said vehicle turns out into the right side of the said vehicle while driving at the right side, and going to the left side after shocking the iron fence installed on the right side, and going to the left side, and the victim D (n, 60 years old) who was on board the said vehicle (n, 60 years old) caused the death of the victim E (n, 65 years old) due to external brain damage, i.e., the thalian mar, etc., to the victim E (n, 65 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, report on internal investigation (Attachment of site photographs taken by the police officer in charge of the first dispatch), report on internal investigation (Attachment of photographs to the scene of an accident), report on internal investigation (Attachment of a body of an accident, etc.);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The suspended sentence under Article 62(1) of the Criminal Act provides that if the negligence of the defendant with the reason for sentencing causes a serious result of the death of two victims, the nature of the crime shall not be denied;

However, in light of the fact that the defendant is against the defendant, the fact that the victim's bereaved family members and the bereaved family members have agreed smoothly, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, the circumstances of the occurrence of the traffic accident, etc., the punishment shall be

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