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(영문) 수원지방법원 성남지원 2021.02.09 2020고단3711

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-II cargo vehicles.

On September 23, 2020, the Defendant driven the above cargo vehicle on September 10, 2020, and proceeded to turn to the left at the right two-lane from D to the upper IC on the two-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to care well and safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left without looking at the right side, and due to the negligence of changing the vehicle line from the two lanes to the four-lanes, the Defendant received the victim F ( South, 48 years old) on the road in order to get on the driver's seat of the E-Poter freight vehicle parked on the four-lane driving direction of the Defendant, and received the part in front of the freight vehicle driven by the Defendant.

Ultimately, the Defendant caused the death of the victim at H hospitals located in Gangdong-gu Seoul Metropolitan Government on the same day on the same day due to the low blood shock around 12:47.

Summary of Evidence

1. The application of Acts and subordinate statutes to a traffic accident report on the police statement protocol by the defendant on the defendant's legal statement I (the investigation report on the actual condition), photograph on the scene of the accident, photographic images of the black stuff (29 pages of the investigation record), death certificate (63 pages of the investigation record);

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 scope of the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below): The scope of the recommended sentence according to the sentencing guidelines for January through five years of imprisonment without prison labor / [the type 2] the general traffic accident resulting from the death of a traffic accident / [the scope of the recommended and recommended punishment / [the person who is subject to special sentencing] mitigation area: the mitigation area of the punishment [the scope of the recommended area and recommended punishment] mitigation area, April through one year from April of the imprisonment without prison labor / [the person subject to general sentencing] mitigation element: Subscription to the comprehensive motor vehicle insurance and the person who has no record of criminal punishment [the grounds for suspended execution], the principal grounds