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(영문) 수원지방법원 2016.03.17 2015고단5244
교통사고처리특례법위반
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car at Cluri.

On August 27, 2015, the Defendant passed the intersection by passing through the intersection by driving a two-lane between the two-lanes in the direction of the Kiwon apartment in the direction of the Kiwon apartment in the direction of the Kiwon market. In such a case, the Defendant had a duty of care to ensure that a person engaged in driving of a motor vehicle can well look at the driving direction and the traffic situation of the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the defendant neglected that, while driving through an intersection while driving through a two-lane, caused the victim D (V, 49 years old)'s bicycle driving in the right side of the defendant's running direction to the right side of the defendant's driving direction to the right side of the defendant's vehicle, and the victim suffers from head on the road far from the bicycle.

As a result, on September 2, 2015, the Defendant caused the death of a victim at the Aju University Hospital in Young-gu, Young-gu, Suwon-si, Suwon-si, 164, due to brain paralysis and cardiopulmonary suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A death certificate;

1. Application of statutes, such as site photographs;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) [Special mitigated in April to October] Reduction Area (Special mitigated in Punishment Decision] : Circumstances that are favorable to the death of the victim: the victim’s consent was made with the bereaved family; circumstances that are favorable to the death of the victim; the victim’s consent was made with the bereaved family; the fact that there was no history of criminal punishment; the fact that there was no history of criminal punishment; and all kinds of sentencing conditions, including the above circumstances; the defendant’s age, sex behavior, environment, etc., shall be determined as the Disposition.

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