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(영문) 수원지방법원 안산지원 2015.08.06 2015고단1588
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On May 7, 2015, the Defendant driven the said car on May 12:45, 2015, and proceeded from 105 to 101 east on the one-lane road in front of the 103-Dongdong apartment in Singu-si, Sinri-si, Seoul Special Metropolitan City.

In this case, the driver of the vehicle has a duty of care to take the front side and left side and right side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (Nam, 4 years old) who was crossing the above road to the right side from the left side of the road of the defendant's course by negligence, and shocked the victim on the front side of the driver's seat of the above vehicle.

Ultimately, around May 7, 2015, the Defendant caused the victim to die due to the suspension of cardiopulmonary injury at the E hospital located in Silung-si D at Silung-si on May 7, 2015 due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. A traffic accident report;

1. Notification to the 112 Incident Report-related Department (Initial Report);

1. A protocol of autopsy and a certificate of completion of autopsy;

1. A death certificate;

1. Certificate of birth;

1. Bluckings images of vehicles;

1. All on-site photographs;

1. Application of Acts and subordinate statutes governing body photographs;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. by Traffic Accidents), the mitigation area (4-10 months) [including specially mitigated persons] the punishment not (including efforts to recover damage), and the crime in this case (including the decision of sentence] is committed at a certain speed even though the defendant was a road within an apartment complex at the time of the crime in this case.

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