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(영문) 의정부지방법원고양지원 2020.10.08 2020고단1952

교통사고처리특례법위반(치사)

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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

On May 29, 2020, the Defendant driven a Ncar of the B Belgium B on May 19, 2020, while driving the 4-lane road from the 140km from the 2nd side of the Silsan Seocho-gu, Yongsan-gu, Sinyang-si, Seoyang-si, the Defendant proceeded at the speed of about 140km from the 4-lane to D.

Since there was a road that is 60km of a limited speed, there was a duty of care to ensure that a driver of a motor vehicle should observe the restricted speed and safely drive the motor vehicle by checking well the right and the right of the front side and prevent accidents in advance.

Nevertheless, the Defendant neglected this and went beyond the floor by the negligence of 140km in speed exceeding 80km of speed, and by the negligence of the Defendant’s driving on the right side of the vehicle running on the left side of the Defendant in the FCA 110V car driving by the victim E (Nam, 54) who was driving on the left side of the vehicle running on the right side of the Defendant’s course.

Accordingly, the Defendant caused the death of the said victim by occupational negligence at the H hospital located in Goyang-dong G in Goyang-gu, Ilyang-gu, U.S. at around 20:40 on the same day, resulting in the death of the said victim due to the dyp cryp fry, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports by the I and J on each written statement (Investigation of Babbboxed Vehicles) traffic accident EDR analysis;

1. Each death certificate;

1. Application of Acts and subordinate statutes to accident site photographs and body photographs;

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. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant’s act of driving a road at a speed of 60 km per hour at a speed of 140 km and caused a traffic accident. The Defendant would have been able to avoid an accident if he did not reach the speed, or would have been able to avoid the death of the victim. Due to the instant accident, there was a result of the Defendant’s act of causing the loss of the victim’s valuable life, which could not change what he could not change.

Therefore, the defendant.