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(영문) 수원지방법원 2019.06.13 2019고단913
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 a cargo vehicle as B 22 tons or more.

On December 24, 2018, around 09:27, the Defendant driven the above cargo vehicle along two lanes in front of the port bus terminal located as a unit of the wife population in Chungcheongnam-si and continued to drive the said vehicle bypassing it from the right edge to the right edge of the light distance from the right edge of the horse.

Since a crosswalk is installed on the front side of the course, in such a case, the driver of the motor vehicle has a duty of care to safely drive the steering gear and brake system by checking whether there is a pedestrian by reducing the speed and properly seeing the front side of the course, and accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant neglected this and did not take the victim C (Nam, 87 years of age) who dried the crosswalk in front of the course of the mast by negligence, and did not take the victim C (Nam, 87 years of age) in front of the said cargo vehicle, and got the victim's body part into the road with the front right part of the said cargo vehicle, and turned over the victim's body part to the road. The Defendant took the front part of the left part of the eth of the ethbbbbbbb

Ultimately, at around 10:00 on December 24, 2018, the Defendant caused the victim’s death by the occupational negligence as above, due to the pelvis-off from the E hospital located in Young-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The entry in column 7 of the F Evidence List No. 7 is a clerical error in the F.

The police statement about the police record;

1. A traffic accident report and accident site photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing criteria for traffic crimes and the general traffic accident [the type 2] mitigation factors (the special sentencing factor].

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