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(영문) 수원지방법원 안산지원 2021.01.07 2020고단1451
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of K5 cars.

On February 10, 2020, the Defendant proceeded at the speed of 101 km/h, depending on two lanes in front of the member-gu Ctel in Ansan-si, Ansan-si with four lanes in front of the Dongsan-si Office Office Officetel in the front of the Dongsan-si.

In this case, the driver of a motor vehicle has a duty of care to observe the speed limit and safely drive the motor vehicle while keeping the right and the right and the right of the motor vehicle and preventing the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and took part in the front part of the Defendant’s vehicle D(29 years) that the Defendant passed the crosswalk without permission from the right side of the Defendant’s vehicle to the left side of the road due to the occupational negligence, which led the vehicle at a speed exceeding approximately 51.3km/h of 101km.

Ultimately, around February 10, 2020, the Defendant caused the victim to die due to a diversity damage, etc. at the F Hospital located in Ansan-si E on February 10, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. The application of Acts and subordinate statutes to the list of photographs, autopsy records, traffic accident analysis records, investigation reports (the confirmation of private person on the corpse death records directly), and official opinion requesting cooperation with an 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 on the suspended execution;

1. The Defendant, on the ground of sentencing in Article 62-2 of the Criminal Act, proceeded at night a road of about 50 kilometers per hour at a speed of 100 kilometers per hour, and did not find in advance a victim who dried a crosswalk in pedestrian red signals and caused the death thereof.

The degree of fault of the defendant is severe and the result of the damage is very serious.

only.

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