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(영문) 수원지방법원 여주지원 2019.08.09 2019고단572
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 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 vehicle QM3.

On March 29, 2019, the Defendant, around 19:40, driven one lane in the direction of two thousands in the direction of the head of the bus stops with 1531 Won-ro, 1531 Won-gu, Jin-si, Lee Jong-do.

At the time, the crosswalk is installed at night, and the speed is 60 km per hour, so the driver of the vehicle has a duty of care to stop in the crosswalk stop line so as not to obstruct the passage of pedestrians or endanger them, and to accurately manipulate the steering and steering system to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded at a speed of 97.6 km per hour exceeding the speed limit, and passed as it is and passed by the crosswalk stop line, and the Defendant got the victim C (Nam, 16 years old) to the right side from the left side of the crosswalk as the front part of the said car.

Ultimately, the Defendant caused the victim to die due to serious brain injury by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. A written result of autopsy;

1. Blucs and video photographs (six copies);

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. 4 months to 1 year from the scope of the recommendation (not subject to punishment);

2. A favorable circumstance is that the determination of the sentence of a crosswalk is an accident, the serious result of death occurs, the speed at the time of shock, etc. shall be considered to be an unfavorable condition, and the fact that the situation is human and reflects, the first offender, the agreement with the victim's bereaved family, and the defendant is deemed to have received considerable mental shock immediately after the accident, etc.

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