beta
(영문) 수원지방법원 성남지원 2020.05.08 2020고단203

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 B-Wood vehicle.

On September 11, 2019, the Defendant driven the said car at a speed of 06:20, the Defendant tried to drive the said car and drive the three-lane road adjacent to the intersection of DHanam-si, Hanam-si, at a speed of about 20km from the direction of the heating power plant at the speed of 3 lanes from the direction of the heating power plant at the speed of the speed of yellow mountain.

In this case, the driver of the vehicle has a duty of care to prevent accidents by accurately operating the steering gear and brakes so that the driver of the vehicle has a duty of care to prevent accidents by properly operating the steering gear and brakes, after checking whether there is any person who gets involved in driving the vehicle before the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right.

Nevertheless, the Defendant neglected this and failed to find out the victim F (n, 60 years old) who walked on the right side of the crosswalk in the right side of the crosswalk in the direction of the defendant's proceeding, and the Defendant shocked the victim with the front part of the car driven by the defendant, and served the victim beyond the road as it is.

On September 12, 2019, the Defendant caused the victim’s death by occupational negligence at H hospitals located in Gangdong-gu Seoul Metropolitan Government G, where transmission treatment was conducted on September 12, 2019, after which the following day was affixed.

Summary of Evidence

1. Application of Acts and subordinate statutes to photographic Acts and subordinate statutes to the police's statement of the defendant I, the traffic accident investigation report, the traffic accident occurrence report, and the death report of the autopsy inspection report, on the spot and upon closure;

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 degree of violation of the defendant's duty of care in sentencing under Article 62 (1) of the Criminal Act.