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(영문) 의정부지방법원 2020.08.12 2020고단2473
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 rocketing car.

피고인은 2020. 3. 14. 17:10경 위 쏘렌토 승용차를 운전하여 포천시 창수면 전영로 1147에 있는 ‘신오가교차로’의 ‘ㅓ’자형 삼거리를 영중 쪽에서 전곡 쪽으로 진입하게 되었다.

There are three-distance crossings where yellow on-and-off signal is installed, and the restricted speed is 70 km speed, so there was a duty of care to prevent accidents by making sure whether a person engaged in driving a motor vehicle is able to observe the restricted speed and make a left-hand turn on the wheel line, and accurately manipulating the steering gear and brake system, and operating it.

Nevertheless, the defendant neglected to do so and the speed of the restriction exceeds 49 km per hour.

In order to turn to the left at the right line, the victim C(W, 25 years old) driving did not avoid the D SP car and the chief part of the right line was received as the front part of the Defendant’s driving.

Ultimately, the Defendant by such occupational negligence caused the death of the victim E (the age of 73) who was on the top of the operation of the victim C driver’s car, and at the same time caused the victim C to suffer injury, such as a duplicating duplicating at approximately 3, 4, 5, and 6 four weeks of treatment, or more than 5 weeks of treatment.

Summary of Evidence

1. Legal statement, statement, or report on the occurrence of a traffic accident by a defendant, intensity at the scene of a traffic accident, investigation report on the actual condition of a traffic accident, and photographs

1. A report on internal affairs (the result of the analysis of black stay images) and a photograph by capturing a black stuff image;

1. A death diagnosis certificate (E) and a corpse photograph;

1. Investigation report (verification of the speed of damaged vehicles at the time of the accident), traffic investigation EDR analysis, on-site investigation photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts;

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