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(영문) 수원지방법원 2019.05.23 2019고단952

교통사고처리특례법위반(치사)

Text

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

However, 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 of a Al Pa Pa Pa-car.

On November 22, 2018, the Defendant driven the above car on a 04:45-day basis, and proceeded at approximately 115.8 km each hour from the transfer distance to the transfer distance by the same number of plaintiffs, the four-lane roads in front of the D, which are in Suwon-si C, Suwon-si, Suwon-si.

At the time, at night, the road was located at a speed of 60km, and at the front of the road, there was a crosswalk where signal lights are installed, so there was a duty of care to check whether there was a person engaged in driving of a motor vehicle, to abide by the speed limit, to check whether there was a person who gets on the front of the road and the right and the right, and to drive the motor vehicle safely.

Nevertheless, the defendant neglected to do so and neglected to do so, and neglected to stop the speed exceeding 5.8 km per hour, and did not find the victim E (the age 78) who illegally crossed the crosswalk from the right side of the direction to the left side of the crosswalk to the pedestrian signal red light, and proceeded as it is without finding out the victim E (the age 78) and got the victim to go beyond the driver in front of the car of the defendant.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim from the same occupation to two alleys.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A comprehensive analysis of traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the determination of types] of traffic accidents in general traffic crimes [the type 2] mitigation elements of traffic accidents [the special sentencing factors] mitigation elements: Punishment not (including serious efforts to recover damage) [the scope of recommendations and recommendations] mitigation area, imprisonment without prison labor for April to one year.