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(영문) 수원지방법원 여주지원 2018.08.10 2018고단260
교통사고처리특례법위반(치사)
Text

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

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

On October 14, 2017, the Defendant operated a F&D car at around 23:43, and proceeded with three-lanes prior to the new distance, which is facing the border of Echeon-si, along with three-lanes in the direction of Echeon-si, at a speed of about 60km per hour from the direction of Echeon-si to the direction of Egyp.

At the time, there is an intersection in which a signal apparatus is installed at night and at that time, so in such a case, the driver of the motor vehicle has a duty of care to thoroughly operate the operation and steering gear in accordance with the new code and safely to prevent accidents by operating the operation of the operation and steering gear in a safe manner according to the new code.

Nevertheless, when the defendant neglected the above duty of care and obstructed and neglected the signal, the defendant did not discover the victim G (21 ) who crosses the bicycle crossing from the left side of the running direction of the defendant, to the right side of the pedestrian red signal, and did not discover the victim G (21 ) who crosses the bicycle crossing on the right side, and received the victim's right side part of the front part of the defendant's car.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the Aju National University Hospital, which was located in Suwon-si, Suwon-si, Suwon-si, 164, around October 15, 2017, during treatment due to brain side and brain liver, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. Blue fluor photo of a blue fluor;

1. A death certificate;

1. Application of the Acts and subordinate statutes of sending a comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Two months from the scope of the recommended punishment to one year (in cases where the victim has committed considerable negligence in the occurrence of a traffic accident, no penalty shall be imposed);

2. The fact that a defendant on the sentence has caused a death accident while making a violation of the signal, and the age, etc. of the deceased victim shall be considered disadvantageous circumstances;

b) the time limit; and

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