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(영문) 수원지방법원 안양지원 2017.05.11 2017고단76
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the CM5 vehicle.

On December 3, 2016, the Defendant driven the above car at a speed of about 90-95 km from the Seoul to the inside and outside of the city at the speed of about three lanes, along three-lanes from the parallel of the tin water station in the Hanyang-gu Man-gu, Annyang-si.

At the time, it is night and place a speed of 70 km per hour, so there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and did not find out the victim D (54 ) who unclaimedd the crosswalk from the right side to the left side while driving at a speed exceeding 20 km per hour while neglecting it, and received the victim's bridge part as the front part of the said car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., double alleys and cerebral blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (including the reflection, agreed with the bereaved family members of the victim, the fact that the victim has subscribed to a comprehensive insurance, the fact that there is no history of punishment exceeding a fine, and the fact that the victim has committed negligence over the unauthorized crossing, etc.);

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