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(영문) 수원지방법원 성남지원 2019.08.14 2019고단566
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

The defendant is a person engaged in driving a car Bk3.

On January 17, 2019, the Defendant driven the said car at around 18:10, and driven the said car along the five-lanes in front of the “D” road located in Sungnam-si Seoul Metropolitan Area C, in the direction of the unsurging basin.

At night, in such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering direction and brake system of the motor vehicle and to prevent accidents in advance by safely reporting the traffic situation on the front side.

Nevertheless, the Defendant neglected to do so and neglected to do so and did not discover the victim E, a pedestrian who is a pedestrian crossing without permission in the front bank due to negligence, and did not discover the age of 79, and received the victim's bridge part from the front driver of the passenger vehicle and got the victim's head part into the front glass of the vehicle and exceeded the lane.

In the end, the Defendant caused the victim to die from the G Hospital located in the G Hospital in the G Hospital in the Geongnam-si of the Gyeonggi-si on the same day at around 23:39 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Report on investigation (related to statements of witnesses at the site);

1. On-site photographs at the time of accident;

1. A death certificate;

1. I shop CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (related to statements by victims H);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;

3. Determination of sentence: A confession shall be made to the effect that the victim has reached an agreement with his/her bereaved family members;

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