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(영문) 수원지방법원 2020.06.12 2020고단1362
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 cargo vehicle B2.2 tons.

At around 12:50 on January 2, 2020, the Defendant was driving the above cargo vehicle, and was moving ahead of it on the G apartment Da-dong road in Permitted-si.

Since there is a place where the passage of apartment residents is frequent, there was a duty of care to safely drive a person engaged in the driving of a motor vehicle by checking the rear, the left, and the left.

Nevertheless, the Defendant neglected to do so and did not look well at the rear, and followed the victim E (the age of 66) who was walking and walked with the following parts of the above cargo vehicle, and caused the victim to go beyond the road. The Defendant continued to go beyond the road, and served the victim with the rear wheels and the front wheels of the above cargo vehicle.

Ultimately, around January 22, 2020, the Defendant caused the death of the victim due to fatal brain injury on the road above around 14:44 on January 22, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of a traffic accident and report on the occurrence of a traffic accident;

1. Two copies of a investigation report (CCTV image), apartment CCTV and field photograph;

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. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a result that the defendant's negligence, which neglected the view of the next week and caused the death of the victim walking on the road in the apartment complex.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant agreed smoothly with the bereaved family members of the victim, that the vehicle of the defendant is covered by the motor vehicle comprehensive insurance, the age, character and conduct, environment, relationship with the victim, circumstances of the crime, and the details of the crime.

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