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(영문) 수원지방법원 2016.06.15 2016고단1732
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence 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 driving of D 2.5 tons M&V.

On February 25, 2016, the Defendant driven the above vehicle around 11:42 on February 25, 2016, and led to the running of the vehicle at a speed that would not be known by two-lanes from the Seoul metropolitan area E in front of the Suwon-si.

On the front side of the defendant's proceeding, there was a crosswalk where signal lights are installed, and the victim F (V, 7 years old) was crossing the above crosswalk, which was located near the center line of the road while crossinging the red signal.

In this case, the driver of the motor vehicle has a duty of care to clearly see the front side, and temporarily stop the motor vehicle in preparation for the possibility that children in the vicinity of the center may walk and prevent the accident from occurring.

Nevertheless, the defendant neglected to do so and went on as is, due to the negligence of the defendant's trucking side of the left side of the truck of the defendant's person, went beyond the part of the victim's body facing the right side of the road on the left side of the defendant's direction.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on February 25, 2016 due to cerebral injury caused by the cerebral tension from the Aju University Hospital located in Young-gu, Young-gu, 164, Young-gu, Young-gu, the same time-based World Cup around 12:11.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing] where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage (the period from February to 1) in the area of special mitigation (the period from February to February).

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