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(영문) 수원지방법원 2019.10.25 2019고단3972
교통사고처리특례법위반(치사)
Text

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 a person who is engaged in driving a Grand bus in the Republic of Korea.

On December 11, 2018, the Defendant driven a above 01:15 square meters, and turned down a four-lane road of the 1st century in front of the Osan-si, which is located in the city of Osan-si, in the city of Osan-si, at a speed of about 88 km per hour according to the two-lanes of the shooting distance of the sports complex from the offside of the Sejong-gu underground street.

At the time, since it is at night, in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brake system.

Nevertheless, the defendant neglected this and found the victim C (the 51-year old) who was crossing the road to the right side on the left side of the defendant's moving direction due to his negligence, but did not go to the right side of the defendant's riding side and did not go to the road, and got the victim to go to the road. At this time, the defendant got to go to the right side of the plaintiff's riding side, which was followed by the defendant's riding side on the right side.

Ultimately, at around 01:25 on the same day, the Defendant caused the death of the victim due to multiple prolonged damage, etc. in the emergency room of the F Hospital in Osan-si E, Osan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. The reproduction of an accident video gabbbbox CD, a water quality improvement CD, and an investigation report (with respect to the circumstances involved in the accident)

1. A report on investigation ( photographs of a suspected vehicle);

1. A comprehensive analysis of traffic accidents;

1. The application of Acts and subordinate statutes, such as a corpse inspection report, a body photograph, and an autopsy report;

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 is shocking the victim who illegally crossed the road by negligence while the defendant neglected the front line.

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