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(영문) 수원지방법원 안양지원 2015.06.18 2015고단322
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On January 6, 2015, the defendant was driving a C bargaining car at around 19:19, and the defendant was an administrator of the dispute resolution committee in the 30th coast of the member-gu, Ansan-si.

The front road has been driven by about 67 km each hour according to the two-lanes of the two-lane road from the surface of the sewage terminal treatment site to the side of the separate network.

At the time, it was difficult to run around the road at night, and the bus stops at the front. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and caused the death of the victim D (the age of 64) who crosses the road to the right side from the left side of the progress direction by shocking the physical part of the victim D (the age of 64) who crosses the road to the right side of the road, and falling off the ground, and caused the victim to fall off to the ground, and caused the victim to die by external shock, such as cerebral transfusion, at the E hospital located in the 01:45 Ansan Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report, a report on the occurrence of a traffic accident, on-site care, on-site care, and photographs of the dead bodies;

1. A death certificate;

1. Application of Acts and subordinate statutes on investigation reports (related to speed of vehicles);

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendation: Four months to ten months of imprisonment without prison labor;

(a) Type II (Death, etc. caused by traffic accidents) of ordinary traffic accidents;

(b) Where the victim of a special mitigation has been negligent in the occurrence of a traffic accident or the expansion of damage;

2. The defendant's negligence in the decision of sentence led to a serious result of the death of the victim.

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