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(영문) 수원지방법원 2017.05.23 2016고단6896
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 who is engaged in driving a tea or car.

On May 15, 2015, the Defendant driven a leto or a car at around 21:2 on May 15, 2015, and led to the passage from Daejeon to the west, a point of 177.5km away from the side of the sub-section of the Chungcheongnam-gun, Chungcheongnam-do.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not discover the D Driving E, which was stopped due to an accident at the front of the vehicle at the front, and did not discover in advance the vehicle at the low speed, and received the front part of the vehicle at the right side of the Defendant’s driver’s vehicle at the front of the vehicle.

Ultimately, the Defendant caused the death of the victim F(56 years of age) who was accompanied by the head of another car operation with the above low-quality negligence in the course of business as seen above, caused the death of the victim F(56 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A response to a request for appraisal, a comprehensive traffic accident analysis;

1. A traffic accident report;

1. CCTV images to be cut;

1. Application of Acts and subordinate statutes to death certificates;

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 recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, Type 2 (Death, etc. by Special Mitigation) (person with special mitigation] also commits considerable negligence in the occurrence of traffic accidents or the expansion of damage, not subject to punishment [the scope of recommended punishment], the area of special mitigation of punishment [the scope of recommended punishment], two months or more without prison labor;

3.The following circumstances and the age of the defendant in the rulings of sentence:

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