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(영문) 수원지방법원 안산지원 2018.11.15 2018고단2611
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a C digging groundr.

On June 20, 2018, the Defendant driven the above vehicle at around 17:05, and proceeded directly with the front road at Ansan-si member MTB Co., Ltd., 2, 14, e.g., Annsan-si, Annsan-si, Seoul-si, along the two-lanes of the two-lane road from an advanced bank to an urbanized lake.

In this case, the driver of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, to accurately operate the steering direction and brakes, and to prevent accidents by properly examining the blind spot.

Nevertheless, the defendant neglected this and continued to drive the bicycle back part of the victim D, which was driven by the victim D while driving at the right side of the front side of the vehicle of the defendant, due to negligence of the defendant, while driving, and continued to drive the victim.

Ultimately, the Defendant caused the victim’s death by occupational negligence, such as cerebrovassis caused by double flaver pulverization at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report and a postmortem protocol;

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 sentencing of Article 62(1) of the Act on the Suspension of Execution shall be determined by taking into account all the circumstances shown in the record, including the following circumstances, for the reasons for sentencing.

In favorable circumstances: A person who drives a string in the night, such as a soft machine, with which manipulation is not easy, should have been more careful in driving. Since the defendant seems to have sufficient time to recognize the existence of the victim, causing an accident without recognizing the victim is a serious error.

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