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(영문) 수원지방법원 2020.08.13 2020고단2379
교통사고처리특례법위반(치사)
Text

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

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 who drives BCA110 Oba.

On February 12, 2020, the defendant driven the above 05:25, the above 05:25, and driven the two-lane road in front of Osan City, Osan City, along the two-lanes from the south 5-distance bank.

Since there is a pedestrian crossing where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service is walking by checking well the right and the right of the road and to drive safely.

Nevertheless, the Defendant neglected this and failed to take account of the right and the right and the right and the right and the right and by negligence, caused the victim D (78 years old) who dried the above crosswalk from the right and right side of the Defendant’s proceeding to the left side in accordance with the pedestrian signals to the left side of the road.

Ultimately, around 11:04 on March 18, 2020 by occupational negligence, the Defendant caused the death of the victim at the F Hospital located in Osan-si E, Osan-si long-term care.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. (1) The application of Acts and subordinate statutes to traffic accident reports (1) the report on internal investigation, the report on internal investigation (2) the death of a person D who has suffered from a change in the family register, and the report on investigation;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] [the general traffic accident [the type 2], the element of mitigation of traffic accident [the person who is a special person], the area of mitigation [the scope of recommending and recommending punishment], the area of mitigation [the scope of recommendation and recommending punishment], and the imprisonment without prison labor for four months to one year [the decision of sentence], the crime of this case violates the signal without finding the victim who was a pedestrian crossing in the front bank.

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