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(영문) 수원지방법원 안산지원 2014.09.30 2014고단1698
교통사고처리특례법위반
Text

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

except that 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 a Bchip car.

At around 11:10 on May 18, 2014, the Defendant driven the above car and proceeded to the front road of the park from the parking lot adjacent to the 30-6 Madsan-ro 30-6 building in Ansan-gu, Ansan-gu.

At this place, there is a park play place in a densely populated area, and the defendant is trying to combine the above car with the front road of the playground in the parking lot. As such, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering gear and brake system and operating it in a case where there is a pedestrian on the road.

Nevertheless, the Defendant neglected this and found the victim C(4) who walked on the road at all times while driving the said vehicle while driving the said vehicle, and was negligent in driving the said vehicle at a rapid speed, and received the victim as the part of the front part of the said vehicle by accelerating the said vehicle.

Ultimately, the Defendant caused the death of the victim by the occupational negligence as a member installment savings of the Ansan-si Medical Center located in 123, on May 18, 2014, at the Ansan-si Hospital of the Medical Center of the Korea University, which was being treated for transmission at around 12:24.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Written statements of D;

1. A traffic accident report (1), (2), and photographs of the accident site;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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. The reason for the sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence leads to a serious result leading to the death of the victim by negligence during the driving of the defendant. However, there is a child for whom one year has not passed after the birth, who is seriously against the defendant, and who is smoothly agreed with the victim's family members.

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