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(영문) 수원지방법원 2019.06.13 2019고단1198
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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

On October 31, 2018, the Defendant, who is engaged in driving of B TXG car, was driving the said car at around 06:20 on October 31, 2018, and was driving on the middle-dong street in the Suwon-si Hadang-gu.

At the time, it is a new wall, and it is an intersection, so the driver of the vehicle had a duty of care to prevent the accident by driving the vehicle with the right and the right and the right, and driving the vehicle safely.

Nevertheless, due to the negligence of neglecting the front city, the Defendant received the victim C (C, n, 78 years old) who was crossing the said road without permission even though the pedestrian signal was red, leading the victim to the death of the victim due to the cerebral injury of the external wound.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and an accident-related 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. 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 [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Where the victim is also negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage [the scope of recommendation area and recommendation area] mitigation area, and four to one year (general person) mitigation element: Subscription to comprehensive motor vehicle insurance and serious reflectiveness.

3. In view of the fact that the instant traffic accident involving the determination of sentence results in the victim’s death, and that the Defendant did not reach an agreement with the victim’s bereaved family members, the Defendant’s liability for the crime is not minor.

However, the defendant is led to confession and reflect, and the victim remains.

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