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(영문) 수원지방법원 안산지원 2017.07.20 2017고단1776
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 a period of 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 the operation of the D 4.5 ton of the beginning of the world and the cargo vehicle.

On March 14, 2017, the Defendant driven the above cargo vehicle at around 03:42, and had 3:44 lanes from the front side of the 341 Inter-cam Mopolym intersection, as the Sinh City Corporation 1, the Defendant continued to drive the above cargo vehicle at the 03:42 degree.

At that time, the signal lights are installed and traffic control is carried out. In such cases, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected to do so and received the front part of the car driving by the injured party E (24 Does, South) who is directly in accordance with the signals from the left-hand side of the running direction of the Defendant, to the right-hand side of the car driving by the Defendant, with the front part of the car driving by the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on March 14, 2017 due to a low-blood shock by mass liver heat, etc. at the Aju University Hospital located in Young-si, Young-si, Young-si, Young-si, 164.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of Acts and subordinate statutes to a fact-finding survey report and traffic accident occurrence report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture [the scope of recommended punishment] The mitigated area (4 months to 1 year) [the person subject to special mitigation] the mitigated area (including efforts to recover damage) [the decision of sentence] the Defendant driving a cargo vehicle that may cause significant damage in the event of a traffic accident, but driving the vehicle in violation of the signal and caused the victim's death.

The history of traffic punishment is also the same.

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