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(영문) 수원지방법원 2019.11.29 2018고단6583
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 e-mail truck.

On September 9, 2018, the Defendant driven the above cargo vehicle around 04:00, and led to the driving of the two-lane road in front of the wife population C, which is located in G, G, Gwangju, about 74 km in speed from Gwangju to eropoch direction.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left.

Nevertheless, the defendant neglected this and neglected the body of the victim E (E and 23 years old) who illegally crossed the above road from the right side of the cargo vehicle direction of the defendant to the left side of the cargo vehicle direction.

Ultimately, the Defendant caused the victim to die due to cerebral injury at a F Hospital around 04:42 on the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, accident site photograph, and investigation report;

1. Accident moving images;

1. Application of Acts and subordinate statutes to autopsy reports, victims' body photographs and investigation reports (such as dead bodies);

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a significant result in the death of the victim by shocking the victim who illegally crossed the road due to negligence of the defendant who neglected the front line.

However, the defendant recognized the crime of this case and divided his mistake, there are negligence on the part of the victim illegally crossinging the road at night, the defendant's bereaved family through the Embassy of Sri Lanka does not want the punishment of the defendant, the vehicle of the defendant's driving is insured with the mutual aid association, and the defendant two times.

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