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(영문) 수원지방법원 2020.09.11 2020고단2128
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 drives a two-way passenger car.

On December 15:10 on December 10, 2019, the Defendant proceeded at a speed of about 20.76 kilometers in Si speed according to the one-lane distance shooting distance from the D apartment room, the two-lane roads in the front of Young-gu, Suwon-si, Suwon-si C, Suwon-si.

There is a duty of care to prevent accidents by reducing the speed of a motor vehicle at the time of entering the intersection and properly manipulating the steering and brake system in order to reduce the speed of the motor vehicle at the time of entering the intersection.

Nevertheless, the Defendant did not discover a tri-wheeled motor bicycle for the victim F(89 years of age) driving, who was left left at the right distance from the E apartment room by negligence while neglecting the duty of the front side and right side, and received the above tri-wheeled motor bicycle as the front part of the above tri-wheeled motor vehicle.

Ultimately, around December 29, 2019, the Defendant: (a) caused the victim’s death by occupational negligence; (b) the H Hospital located in Young-gu G in Young-gu, Suwon-si, Suwon-si to death due to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Presentations of the results of analysis of traffic accidents of black booms, caps and field photographs, and vehicle black booms;

1. Application of Acts and subordinate statutes concerning death certificate, name of change, photograph of the deceased, and postmortem report;

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 significant as a result of the following: (a) the defendant committed the crime of this case on the grounds of suspended execution, which caused the death of the victim by being equipped with a bicycle with three wheeled motor device driving

In addition, the defendant has been subject to criminal punishment twice for the same crime.

However, the defendant recognizes the crime of this case.

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