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(영문) 수원지방법원 안산지원 2017.12.20 2017고단3197
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2017, the Defendant driven the above vehicle at around 06:30 on September 23, 2017, and driven the above vehicle at around 06:30 on September 23, 2017, and driven three lanes in front of the Loan Tourist Guidance Center, which is located in 1531, a yellow-ro, a member of Ansan-si, was driving along the three-lanes of the road in the direction of a tourist hotel.

The Defendant proceeded at the above place with a speed of 50km a speed of 75.6km a speed of speed exceeding 20km a speed of 75 km a speed of speed, and had the body of the victim C (V, 46 years old) who was flicking the crosswalk pursuant to the pedestrian signals due to negligence in the course of duty, by disregarding the speed of the front, violating the signal, and violating the signal as it is, and neglecting the right-hand turn, and neglecting the body of the victim C (V, 46 years old) who was flicking the crosswalk pursuant to the pedestrian signals, and caused the victim to die immediately due to the dys, such as a flick fl

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Materials printed out of the screen of the recipient vehicle boom, photographs (in the scene of the accident, vehicles with the accident), and replys to requests for appraisal;

1. Application of Acts and subordinate statutes to death certificates, photographs of carcasses, and postmortem records;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the scope of recommended punishment] [the grounds for sentencing under Article 62-2(1) of the same Act, Article 59 of the Act on the Safety Control, etc. of Traffic Accidents [the scope of recommended punishment] / [the person subject to special mitigation] the victim's bereaved family member's penalty is not imposed (including serious efforts to recover damage), / In the case where the illegality of Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of the School, is serious in the result of the crime committed by the victim of the accident in the instant case, and the defendant's negligence is attributable to the case where the pedestrian on the crosswalk was killed while driving a vehicle in violation of signals by excessive speed.

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