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(영문) 수원지방법원 성남지원 2019.08.21 2019고단1316

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaging in driving a car BM520.

On April 22, 2019, the Defendant driven the above car at around 08:30 on April 22, 2019, and led to the intersection of the c apartment in front of the Hanam City to E-section from the Do intersection.

Since there is an intersection with a signal signal, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and got the victim F (the age of 68) who dried the crosswalk from the right side of the front side of the road to the left side of the road in accordance with the new subparagraph by his negligence in violation of the signal.

In the end, the above occupational negligence caused the death of the victim due to the cardiopulmonary injury, etc. in the H Hospital located in Gangdong-gu Seoul Metropolitan Government G, where the victim was under the after-sales treatment at around 09:39 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the occurrence of a traffic accident;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;

3. Determination of sentence: The sentence is made after comprehensively taking into account the following factors: the fact that the victim has agreed with his/her bereaved family members, the confession and reflection of the crime, the primary offender, the degree of negligence of the defendant, the age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc.