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(영문) 수원지방법원안산지원 2020.09.24 2020고단813
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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 is engaged in driving a motor vehicle in B.

On January 17, 2020, the Defendant driven the said car at around 06:30, while driving the said car at around 06:0, one lane in front of the entrance exit in the D Construction Site C at the time of light, which is about 88 km in speed from the Cststru distance to the Cstrum of the virtue tunnel.

At the time of night, there is a place where the prescribed speed is 60 km a speed, so there was a duty of care to check whether there is a person engaging in driving of a motor vehicle, driving within the prescribed speed, driving on the front side and the right and the right, and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 67) who crosses the road from the right side of the vehicle driving direction of the defendant's vehicle to the left side while neglecting it and neglecting it in front of the right side of the defendant's vehicle.

Ultimately, around January 17, 2020, at the G Hospital located in Guro-gu Seoul Metropolitan Government F on January 17, 2020, the Defendant caused the victim to die due to traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes concerning the de facto survey report, report on the occurrence of a traffic accident, photographs taken on the site immediately after the accident, road photographs, caps to the scene immediately after the accident, photographs, traffic accident analysis and appraisal reports, death diagnosis reports, and postmortem protocol;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act on the suspension of execution under Article 62(1) of the Criminal Act led to the death of a victim crossing the road while driving a vehicle beyond the fixed speed.

The degree of excessiveness at the time of the accident and the result leading to the death of the victim.

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