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(영문) 수원지방법원 2020.06.05 2019고합641

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2019, the Defendant driven a motor bicycle BCA 100 on B 18:21 on January 31, 2019, and driven a three-lane road in front of the D Pharmacy C in Mapo-si, Militarypo-si, Korea, in the direction of the event distance, straight driving along the three-lane direction in the direction of the gold altitude.

In such cases, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce speed and to see well the direction, direction, and atmosphere, and to accurately manipulate the steering direction and brake system and prevent accidents in advance.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 67) who has dried a road on the right side from the left side of the proceeding direction due to the negligence of the defendant's neglect and did not discover the victim E (the age of 67) and had the victim go beyond the victim's full part.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at around 18:25 of the same day, such as a cage of a cage cage, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Video recording CDs in the scene of an accident;

1. A traffic accident report (1) (2);

1. Requests for results of traffic accident analysis;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to on-site investigations and reports (on-site investigations, etc.);

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. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The Defendant and his defense counsel met at night at the time of the instant accident. The Defendant and his defense counsel metd the Defendant at night, and set the 6-lane road back from the Defendant’s clothes, without permission, at a place other than the crosswalk. They did not see the victim because the vehicle driven ahead of it, and the Defendant did not pass the above motorcycle at the time of the instant accident (hereinafter “instant motorcycle”).