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(영문) 수원지방법원 2016.12.15 2016고단4796
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a low-speed car.

On April 14, 2016, the Defendant: (a) driven the said car and parked the said car to the direction of the playground at the J kindergarten parking lot located in Yong-gu, Young-gu; (b) around 14:40 on April 14, 2016.

Since the place is a slope from the direction of the play place to the sloping, if a motor vehicle is parked, the motor vehicle can be pushed down according to the slope, the defendant, who is engaged in the driving of the motor vehicle, has a duty of care to take measures to prevent the vehicle from being pushed down according to the slope by operating the sloping in the case of parking the motor vehicle.

Nevertheless, the Defendant neglected this and caused the death of a victim who was waiting for boarding a school bus at the K Child Care Center parking lot located adjacent to the road by moving approximately 15 meters away from the negligence of the vehicle behind the vehicle while leaving the vehicle behind the vehicle without operating the buck, and moving the vehicle behind the vehicle, and resulting in the death of a serious cause that occurred after the vehicle was sent through the 119 first-aid vehicle on April 14, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of M, N,O, and P;

1. On-site photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (eight to two years) of the second type of traffic accident (eight to eight to two years) [Judgment of the sentence] [Judgment of the sentence] the serious result of the death of the victim due to the negligence of the defendant, the victim's age is very poor and the bereaved family's mental shock seems to be very high, and the bereaved family members of the victim are the victims.

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