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(영문) 수원지방법원 2020.08.13 2020고단2394
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 a B-to-car.

On March 16, 2020, the Defendant driven the above vehicle on March 16, 2020, and proceeded with the front road C from the bend to the bend to the bend to the bend to the bend.

Since a crosswalk is installed in the front side, there was a duty of care to prevent accidents by thoroughly manipulating the front-time and accurately manipulating the steering and brakes.

Nevertheless, while neglecting this, the Defendant did not discover the victim D, who was crossing the crosswalk from the left side of the running direction of the Defendant, to the right side of the pedestrian red line, due to the negligence of neglecting it, and instead did not discover the victim D (60 years of age) who was crossing the crosswalk, and received the victim as the front part of the said car.

Ultimately, the Defendant caused the victim to die due to the traffic accident at the F Hospital located in Young-si E in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on investigation into the actual condition of survey (on-site survey, etc.), summary map, camera, 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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education] [the second type] traffic accident damage [the elements for mitigation of traffic accident], [the scope of recommendations and recommendations] mitigation area, reduction area, imprisonment without prison labor for up to four months [the decision of sentence] 4-1 years [the crime of this case was caused by shocking the victim due to the mistake that the defendant did not discover the victim who was flading on a road at the front bank and led to the death of the victim.

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