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(영문) 수원지방법원 성남지원 2017.05.18 2017고단512
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

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

Reasons

Punishment of the crime

On January 21, 2017, the Defendant, around 18:30 on 21, 2017, led to the right-way 50 paths from the trade in the Padang-dong, Sungnam-si, Sungnam-si, Sungnam-si, to the direction of the Padung-si.

At the time, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing the speed and by checking well the right of the front and the right of the road.

Nevertheless, the defendant neglected this and caused the death of the victim by neglecting the signal and by neglecting it to the right-hand side of the victim C (the 37-year old age), who opened the right-hand side from the right-hand side to the left-hand side of the bus operated by the defendant in accordance with the pedestrian signals, facing the front side of the bus operated by the defendant, leading the victim to approximately 10 meters away from the bus, leading the victim to the rear wheels, leading the victim to the bus with the rear wheels of about 10 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Report on a traffic accident, investigation report (report on the confirmation of the results of the fact-finding survey), and CCTV analysis;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes, such as CCTV images, field photographs, and carcasses;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant, by negligence during driving, is against the care of the young victim, who sculeds the crosswalk in accordance with the pedestrian signals and sculed the victim, and sculed the victim, and sculed the victim’s life.

However, there is an agreement with the bereaved family members of the victim, the primary offender, the fact that the Maritime Vehicle is subscribed to the comprehensive motor vehicle insurance for a certain period of time, and the attitude that is against the situation of the accident in this case, the age of the defendant, the sex, the environment, and the circumstances after the crime.

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