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(영문) 수원지방법원 안산지원 2020.01.22 2019고단4362
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a press vehicle B.

On August 18, 2019, the Defendant driven the above vehicle at a speed of about 32 km in the city at a speed of about 32 km in the speed of 5 km from the water room to the Incheon flooding side.

There are crosswalks in the front door, and there are apartment complexes in the vicinity, and there are frequent movement between vehicles and people, so the person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the front door with a safe driving.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle as it is, by negligence, found the victim D (here, 87 years old) to left from the right side of the direction of the motor vehicle in the course of the course of the course of the course of the course of the course of the course of the course of the course of the vehicle, and immediately flicked the victim, but was faced with the front side of

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim by cutting back cage at cages at the above places at around 20:04 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Requests for results of traffic accident analysis;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to investigation reports (voluntary conversation E) and telephone communications;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 258 of the Criminal Act, and selection of imprisonment without prison labor

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

2. Determination of sentence: The negligence of a defendant who neglects his/her duty of care in advance shall be minor;

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