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(영문) 수원지방법원 안양지원 2020.06.18 2020고단154

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-hand vehicle.

At around 16:00 on October 11, 2019, the Defendant: (a) set off the car at the Automatic Director of the Djust Station, which is located in Manan-gu, Maan-gu, Manan-gu, Manan-gu, Manan-gu, after stopping the time of the car; and (b) set a stop for the car again.

In such cases, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle has operated the brake accurately, to check whether there is any person or structure on the front side of the motor vehicle, and to safely drive the motor vehicle, such as starting the motor vehicle by slowly driving and preventing the accident in advance.

Nevertheless, the Defendant neglected this and sent a speed pedal to the front bank instead of the dong pedal, and caused the damage to the victim E (e.g., the age 79) who was set up in the front bank of the Defendant, and was going on the right side from the left side of the Defendant’s proceeding direction, and did not avoid the victim E (e.g., the age 79) who was set up in the front bank of the said Defendant’s driving vehicle, and the victim was pushed down with the front part of the said Defendant’s driving vehicle and the victim was parked on the road.

In the end, the Defendant caused the victim by occupational negligence to die from the H hospital located in G in the Gu during the game after the accident site at around December 21, 2019, at around 21:17.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim’s bereaved family member of May 8, 2020 is KRW 35 million in addition to the defendant’s comprehensive insurance coverage.