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(영문) 수원지방법원 성남지원 2017.04.20 2016고단2146
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving of the Crando taxi.

On May 1, 2015, the Defendant driven the above vehicle at around 20:35, while driving the vehicle at around 20:35, followed by four lanes, the front direction of the E-lane D in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and driving about about 80km in the direction of the city in the direction of the Seongbuk-gu.

At the time, it was difficult for a person engaged in driving of a motor vehicle to take the front-round light due to the headlight of a motor vehicle driving at night, and therefore, in such a case, the person engaged in driving a motor vehicle has a duty of care to prevent accidents by reducing speed and driving the front-round and left-hand side well and driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F (49) who was a road on the right side from the left side of the running direction of the Defendant, and received the victim from the front part of the said taxi.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die due to the prolonged damage, etc. in the Hagu-gun Public Convalescent Hospital, which was located in the 16-19, the Hagu-gun University, the Hagu-gun School, the Hagu-gun, the Hagu-gun School, on October 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a photograph, a comprehensive traffic accident analysis report, and a written diagnosis;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes to inquiries into facts with respect to peace-guns, public convalescent hospitals;

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 the selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that the victim died during the hospital treatment and the defendant's responsibility is heavy.

However, the defendant agreed with the bereaved family members of the victim, and entered into a comprehensive taxi mutual aid program.

In addition, the defendant reflects his own fault in depth, and takes it back.

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