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(영문) 의정부지방법원 2020.01.15 2019고단4670
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 of K5 si.

On July 21, 2019, the Defendant driven the above taxi on July 21, 2019, and proceeded at a speed of 74 km from the southwest side to the speed of 74 km from the southwest side, depending on the four-lane road in front of the 283-lane of the Gu-ri-ri Railroad Construction Power Power Station, the Defendant continued to drive the above taxi at a speed of 53 km in speed due to the distance with the vehicle ahead.

At the time, at night, the speed of the above road was 60km per hour, so there was a duty of care to reduce the speed of the vehicle by 20% more than that of the ordinary speed, to view the right and the right and the right and the right and the right and the right and to operate the steering and the system accurately.

Nevertheless, the Defendant neglected this and found the victim C(44 years of age) seated on the road at a speed lower than the limited speed, and caused the victim's death by shocking the victim in front of the taxi due to negligence of the Defendant who did not properly drive the taxi.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. An accident site photograph;

1. On-site photographs;

1. A taxi stuff file;

1. A record of cancer and a list of seizure;

1. A corpse, a written result of autopsy, and a photo of a dead body;

1. A traffic investigation DTG analysis;

1. A traffic accident analysis statement [the grounds for the crime of oil: the estimated speed of the vehicle of the defendant immediately before the occurrence of the accident recognized by the evidence duly adopted and investigated by this court (the speed immediately before the defendant is operated is 74 km per hour; the speed between the defendant's net time when the defendant discovered the victim is 53 km per hour; the speed between the time when the defendant's shocking time is presumed to be 29-41 km per hour); the degree of violation at the restricted speed (48 km per hour), the state of the road and the surface at the time, the structure of the road (road on the side of the road).

In full view of all the driving routes of the preceding vehicle.

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