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(영문) 수원지방법원 평택지원 2020.04.17 2019고단1746
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 BM3 car.

On August 29, 2019, the Defendant driven the said car at around 05:34, and proceeded with the road (limited speed: 70km per hour) near the 3882 and the elim road (limited speed: 70km per hour) near the elim road at a speed of 82.13km at a speed of 82.13km at the city.

At the time, there was a situation that the driver was subject to restrictions on the view of the view due to the moving of the day, and there was a duty of care to prevent accidents in advance by accurately manipulating the brakes and steering gear while living well on the right and the right and the right and the right and the right and the right of the driver of the motor vehicle, and driving the motor vehicle safely.

Nevertheless, the defendant neglected this and got the victim to go beyond the above road by taking the body part of the victim D (the 79-year old) who crosses the road to the right side from the left side of the defendant's movement due to negligence.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the site of the accident.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The actual survey report on traffic accidents;

1. Reports on the occurrence of a traffic accident and site photographs;

1. Protocol of inspection;

1. Application of the Acts and subordinate statutes to the investigation report, investigation report (to attach a corpse and photograph), investigation report (to check a suspected vehicle), investigation report (to check a suspected vehicle), investigation report (to check a speed assessment), and accompanying materials;

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

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 2], the death of a traffic accident (the special person) or the mitigated element of a traffic accident: The victim shall also cause a traffic accident or cause a traffic accident;

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