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(영문) 수원지방법원 여주지원 2019.06.17 2019고단393
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On November 26, 2018, around 18:10, the Defendant driving the said three-lanes of the two-lanes in front of the two-lanes of Egymna City, Egcheon-ro, 136-5, the two-lanes of Egymna City, thereby driving the said vehicle in the direction of Hobna Park in the direction of C.

In this case, as a driver of a motor vehicle, he/she has a duty of care to properly see the front left and accurately manipulate the steering gear and prevent the accident from occurring.

Nevertheless, the defendant neglected to do so and went on the right side of the vehicle of the defendant, and the victim D (Nam, 74 years old) who crosses the road on the left side of the vehicle of the defendant was in front of the defendant's vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence to a multiple long-term period of birth.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

1. A death diagnosis report and a written record of autopsy;

1. On-site photographs and photographs;

1. Blucking images;

1. Application of Acts and subordinate statutes to photographs of dead bodies;

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. 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. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. Determination of sentence: The defendant for four months (one year of suspended sentence) of imprisonment without prison labor shall have telephone conversations and drive a vehicle, and the victim who crosss the road without permission on the foregoing vehicle.

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