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(영문) 수원지방법원 평택지원 2020.01.09 2019고단1422

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 one year 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 vehicle B with B EW EWV.

On July 29, 2019, the Defendant driven the above vehicle at around 20:29, and driven the two-lane road in front of Pyeongtaek-si C at about 79km per hour from the galging post office to the galging post office.

At night, the speed limit is the slope of the lush road, the speed limit of which is 60 km per hour, and the left-hand side of the D shop located on the left-hand side of the running direction was not good to view the left-hand side. In such a case, the driver of the motor vehicle has a duty of care to reduce the speed and prevent the accident by safely driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and found the victim E (the age of 72) from the D side to the brin restaurant due to the occupational negligence of driving the brine in excess of the speed limit without properly examining the brine, and applied the brine to the right side in order to avoid this. However, the Defendant did not avoid the brine and did not go beyond the victim's right bridge with the front driver of the vehicle driving by the Defendant.

Ultimately, at around 21:25 on the same day, the Defendant caused the death of the victim due to cerebral cerebral injury at G Hospital located in Pyeongtaek-siF on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Answer of actual survey reports and results of the analysis of traffic accidents;

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. Article 62 (1) of the Criminal Act;

1. The scope of recommended sentencing guidelines for the sentencing of Article 62-2(1) of the Criminal Act is four months to one year (in case of a violation of punishment). The result of the victim's death is serious, but the defendant's mistake is divided.