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(영문) 수원지방법원 안양지원 2020.01.30 2019고단2295
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

At around 16:50 on October 18, 2019, the Defendant’s right to prevent entry into and exit from Mangyang-gu Seoul apartment zone was installed, and the Defendant’s right to right to right to right to right to right to right to right and right to right to right to right and right to right to right and right to right to right and right

On the right side of the defendant's proceeding at the time, it was found that the victim E (the third-year age) was coming from India in the apartment complex before the blocking of entry and exit. In such a case, the defendant engaged in driving service has a duty of care to proceed with the victim's passage or yield of course.

Nevertheless, the defendant neglected this and caused the victim's body body part in front of the chief of the passenger vehicle operation to go over the ground by negligence while proceeding as it is, and then, the head part of the victim's body was called the front qui with the victim's head.

Ultimately, the Defendant caused the victim’s death by occupational negligence at G Hospital located in Ansan-gu F during the period of Ansan-si around 17:47 of the same day due to cerebral blood, saliva, and saliva.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on inspection of screen CCTVs);

1. A traffic accident report (1) (2);

1. A death certificate;

1. Application of a CCTV image closure photograph, a black fluor photograph, and an Act or subordinate statute to a photograph at the scene of an accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [Special Sentencing], the mitigated element of punishment (including serious efforts to recover damage): Reduction range (including the recommended field and recommendation range).

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