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(영문) 수원지방법원 평택지원 2019.06.05 2019고단168

교통사고처리특례법위반(치사)

Text

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

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 K5-car.

On December 19, 2018, the Defendant driven the above vehicle on December 20:12, 2018, and led the first national highway prior to the construction site of Pyeongtaek-si to the D Hospital from the Gsung to about 110km each hour, depending on three lanes.

At this point, the intersection where signal lights are installed and the speed limit is 70 km or less per hour, so in such a case, there was a duty of care to reduce speed and drive safely according to signals.

The Defendant neglected to do so and, even if the signal is changed to the right left turn signal, the Defendant, due to the negligence by entering the intersection more than 40 km speed per hour, and by the negligence by the victim G (the age of 31) who was driven by the left turn from the direction of the E construction site to the left turn signal at the F, shocked the H-wheeled vehicle by the Defendant’s vehicle.

At around 22:17 of the same day on the same day as above, the Defendant caused the victim to die in an emergency room of the D Hospital by a low-weight shock shock caused by two external traumas and multiple divers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A traffic accident actual condition survey report and on-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to small reporting (in regard to the speed of softed vehicle);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. An accident in this case where a sentence of sentence is determined;