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(영문) 수원지방법원 성남지원 2018.12.20 2018고단2192
교통사고처리특례법위반(치사)
Text

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

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 a vehicle for the use of DM6.

On August 8, 2018, the Defendant driven the above-mentioned vehicle around 20:06, and proceeded with two lanes from the national highways located in 2197 in the Gyeonggi-si, Gwangju-si, at a speed of about 84 km in speed from the galma tunnel to Gwangju-si, according to one lane.

It is a road with a restricted speed of 70km, and the victim E ( South, 76 years old) cross the road on the front side, and in such a case, the driver of the vehicle has a duty of care to prevent the accident by driving the vehicle safely and safely.

Nevertheless, the defendant neglected this and tried to find a victim crossing the road from the right side of the direction of the defendant's driving to the left side by his negligence, which is going beyond a limited speed without neglecting it, and caused the victim to be driven by the driver in front of the right side of the car operated by the defendant.

Ultimately, the Defendant caused the death of the victim due to multiple occupational negligence, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F;

1. A death certificate and a written report of autopsy;

1. Comprehensive traffic accident analysis report;

1. A traffic accident report, a traffic accident occurrence report, and a traffic accident report;

1. Application of the photograph related to the case (fluor's black image) and the photograph related to the case (fluor's black image) statute

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] When the victim was negligent in causing traffic accidents or expanding damage in the mitigated area (4-1 year) of the type 2 of the general traffic accident (the death of traffic accidents) [the special mitigated person] [the defendant-appellant].

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