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(영문) 수원지방법원 2020.06.19 2020고단1685

교통사고처리특례법위반(치사)

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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

The defendant is also a person who is engaged in driving a sports cargo vehicle B.

Around 11:20 on February 19, 2020, the Defendant driven the above cargo vehicle, which led to the progress of the neighboring road C from D to E surface.

Since there is a road in the length of the side, there was a duty of care for the person engaged in the driving of the motor vehicle to drive the motor vehicle safely by checking well the front, the left and the left.

Nevertheless, the Defendant neglected to do so and did not view the front side properly, and instead proceeded on the right side of the victim F. (A. 79 years of age) who walked along the road on the right side by negligence, and caused the victim to shock the part of the knive hand hand on the right side of the baby that was towed by the victim F. (A. 79 years of age).

Ultimately, the Defendant caused the death of the victim by occupational negligence at the H hospital located in G in the G in the G in terms of the nature of the procedure where the victim was being treated back at around 13:18 on February 19, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Investigation report (accident location, shock location, On-siteCCTV, etc.);

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

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, which resulted in the death of a victim who walked on the side by negligence of the defendant who neglected to neglect the front line.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the victim appears to have been partially negligent in the occurrence of the accident of this case, the defendant's vehicle is covered by the comprehensive automobile insurance, the fact that the defendant agreed smoothly with the bereaved family members of the victim, and the criminal records of this case are different in addition to the two times of fine.