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(영문) 수원지방법원 2017.11.30 2017고단5289
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in driving a motor vehicle at the fourth fourth city.

On March 24, 2017, the Defendant driven a No. 00:18 No. 44, and proceeded at a speed between about 63.6km and about 75.0km at the speed from about 63.6km to about 75.0km.

At the time of night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes on the road by reducing the speed and properly seeing the direction of the driver.

Nevertheless, the Defendant neglected this and got the victim E (44) who was on the three-lanes of the above three-lanes of the road due to negligence, and got the victim to go beyond the ground.

As a result, the Defendant caused the victim to die by occupational negligence on April 7, 2017, at the Aju University Hospital Hospital of 164, Young-si, Suwon-si, Suwon-si, Suwon-si, 17:35, which caused the death of the victim due to brain paralysis, etc. at the Aju University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (Attachment to an accident video storage CD), accident video;

1. Written response to a request for appraisal;

1. Reports on traffic accidents, and related photographs;

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 the recommended punishment according to the sentencing guidelines [the type of determination] means traffic crimes, general traffic accidents, types 2 (the death of a traffic accident), mitigated factors (the person with special sentencing factors) - the victim is not subject to punishment [the scope of recommended punishment], the area of special mitigation [the scope of recommended punishment], and the area between two months and imprisonment without prison labor.

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