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(영문) 수원지방법원 여주지원 2018.10.31 2018고단831

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CSP car.

On August 23, 2017, the Defendant driven the above car at a speed of 22:25:25, and driven the two-lanes in front of the rocks 1724, as compared to the border of Dongcheon-si, Dongcheon-si, at a speed of about 40 km per hour, from the front side of the front side to the front side of the rocks 1724.

At all times, the signal apparatus is installed, and the crosswalk is installed at the front, so in such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle in accordance with the signals indicated by the signal apparatus and to temporarily stop the motor vehicle in front when the pedestrian passes the crosswalk and prevent the accident.

Nevertheless, the Defendant neglected this and proceeded with the vehicle signal, etc. in the above intersection, while at the same time, did not temporarily stop in front of the front crosswalk, and by negligence, received the front part of the victim D (54) who dried up the above crosswalk pursuant to the pedestrian signals as the front part of the said car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by the F Hospital located in E at E at E at E at E at around February 17:49, 2018, due to the acute respiratory disorder caused by blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A traffic accident report, a report on the occurrence of a traffic accident, and an on-site photograph of the early dynamic measure;

1. Images of the black stude vehicles and images of the video recording of the stude vehicles;

1. Each medical certificate and opinion;

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

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, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Scope of punishment: One month to five years without prison labor;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence].