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(영문) 수원지방법원 2016.12.21 2016고단6530
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car B i30.

On August 27, 2016, the Defendant driven the said car at a speed of about 60km per hour, according to two-lanes towards the entrance of the Dobong-do 84-19 Mine-do apartment at the time of harmony, the Defendant driven the two-lane road at the speed of about 60km from the horizontal distance to the Suwon University at the speed of 84-19.

At the same time, there was a crosswalk in which signal lights were installed, and therefore, there was a duty of care to prevent accidents in advance by safely driving the vehicle driving employee by reducing the speed and checking well.

Nevertheless, the Defendant neglected this and got the victim C (the age of 56) who crosses the crosswalk to the port from the right side of the crosswalk when the signal of the front side of the road is red signal by negligence.

Ultimately, the Defendant caused the death of the victim due to the cerebral macy in the Asia University Hospital located in the Young-si, Suwon-si, where the victim was under the follow-up treatment at around 10:25 on September 13, 2016 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Act [the range of recommending punishment] [the grounds for the suspended sentence] general traffic accident [the range of recommending punishment] general traffic accident area (2.1 year) in the area of special mitigation (2-1 year)] (the victim is also negligent in causing traffic accident or expanding damage, the court below's decision not to punish [the decision not to punish] unfavorable circumstances: the victim's decision not to punish (the decision not to punish sentence] is erroneous: the victim's fault is recognized as being favorable to the victim's death, and the victim's crossing the crosswalk on the pedestrian signal is partly a traffic accident and the expansion of damage.

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