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(영문) 수원지방법원 2018.04.25 2018고단659
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cruise car.

On December 8, 2017, the Defendant driven the said car at around 21:00, and led to two-lanes of the two-lanes around the entrance 797-2, Jung-gu, Jung-gu, Jung-gu, Jung-gu, Seoul, to drive the said car at the speed of the non-speed.

At the time, it was difficult to keep the surrounding areas at night, and the victim C(41) was driving on the front side of the same lane, and therefore, the Defendant engaged in driving service had a duty of care to operate the steering and operation of the steering gear in a safe way by accurately manipulating the steering and operation of the steering gear by making the steering and operation well.

Nevertheless, the Defendant neglected to do so and proceeded with it as it is, by negligence, got the victim from the front door part of the above vehicle operated by the Defendant and got the victim up to the floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Aju University Hospital located in the Young-si, Suwon-si, Suwon-si, around 22:38 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Fire-fighting survey report, etc.;

1. An accident scene photograph;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendation] The ground for sentencing under Article 62-2(1) of the Social Service Order Act / [the scope of punishment / [the victim of two months to one year] shall also be the victim of the Special mitigated area (the victim of two months to one year), where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (including a serious effort to recover damage] [the decision of sentence] under the following circumstances and other circumstances, and the defendant's age, sexual behavior, environment, motive for crime.

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