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(영문) 수원지방법원 안양지원 2016.09.20 2016고단938
교통사고처리특례법위반
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 motor vehicle of Danceer XG.

On April 11, 2016, the Defendant driven the above car on April 11, 2016, while driving the car, and driving the car at a speed of about 55 km from the side of the parallel parallel of the gold-ro 179, which is located inside the territory of Manyang-gu, Manyang-si, Syang-si, to the citizens' park at the speed of about 15 km per hour.

At this point, there is a center line of yellow short lines and crosswalks installed, so in such a case, it is necessary to confirm whether a person engaged in driving motor vehicles has a right to drive motor vehicles by reducing the speed and properly checking the front, rear, and left and right of the motor vehicle, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and proceeded with the central line without reducing speed, and found the victim E (11) who is driving a bicycle on the right side from the left side of the direction of the proceeding to late later, and proceeds about 8.38 meters with the front part of the car driven by the Defendant due to the negligence of driving the bicycle part on the front part of the car driven by the Defendant.

Defendant 2 had the victim in the above occupational field as above, and had the victim in the occupational field around 21:01 day of the same day receive treatment at Hanlim University Sung-si 22, 170 o-ro in the Gu, and caused the death of low-blood shocks due to the severe pulmonary damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of field photographs (2, 4) and Acts and subordinate statutes on the vehicles under way;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendations given in the sentencing guidelines] - The basic area (from August to two years) of the types of general traffic accidents.

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