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(영문) 수원지방법원 안산지원 2019.09.27 2019고단2359

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who is engaged in driving a theater, cattle shed, or car truck with B 4.5 tons.

At around 17:50 on May 24, 2019, the Defendant: (a) stopped the front road C in the direction D in the front of the memorial box at the front of the memorial box in Ansan-si.

The truck drivened by the defendant is a vehicle with a high height, and there was a duty of care to prevent a person engaged in driving service of the above vehicle from driving the vehicle at a speed or in such a manner as to endangering and impeding others according to road traffic conditions and the structure and performance of the vehicle, while accurately operating the steering wheel and brakes.

Nevertheless, the Defendant did not live well on the front side of the road, and did not walk back to the right side of the truck that the Defendant is driving, and did not avoid the victim E (n.e., age 85) and had the victim die by using the front wheel with the front wheeler before the right side of the truck, and caused the victim to die, such as a cage cage, alley, and a pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and the occurrence of traffic accidents;

1. A written result of autopsy and postmortem examination;

1. Application of Acts and subordinate statutes to photographs related to accidents, booms images of vehicles, and CCTV images around the accident site;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Act on the Suspension of Execution: Circumstances that are favorable to the occurrence of a serious consequence of the death of the victim due to the instant traffic accident: The recognition of and reflects on the crime, the agreement between the victim and his bereaved family members, and the degree of damage recovery is expected to be possible as the vehicles are covered by a comprehensive insurance, and they are sitting on the road strings.

The victim's negligence is also the case.