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(영문) 수원지방법원 2017.12.19 2017고단6770
교통사고처리특례법위반(치사)
Text

A defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of 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 rocketing car.

On August 4, 2017, the Defendant driven a rocketing apartment around 20:18, and led to turn to the left at the right of the first place between the two-lanes from the front side of the Hyundai Flaun apartment, Taecheon-dong Hyundai Flaun apartment, Young-dong, Young-dong, Young-gu, Licheon elementary school.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving a motor vehicle, and by accurately manipulating the steering direction and brake system in accordance with the new subparagraph, while properly seeing the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal and caused the damaged person to go to the road by taking over the damaged person’s left-hand side of the FCA110 Obaon drive FCA110, who was going to the right-hand side of the victim E ( South, 16 years old) from the side of the earth’s elementary school on the side of the earth’s elementary school.

Ultimately, the Defendant caused the victim’s death by occupational negligence on August 13, 2017, at the Aju University Hospital located in Young-si, Young-si, Young-si, Young-si, 164, resulting in the death of the victim due to brain paralysis due to traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A report on investigation (booms for string vehicles);

1. Application of Acts and subordinate statutes of a death certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. The scope of recommended sentencing according to the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, type 2 (the death of a traffic accident), mitigated factors (special sentencing factors) - the victim is also negligent in causing traffic accidents or expanding damage.

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