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(영문) 수원지방법원 안산지원 2018.02.28 2017고단3539
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of 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 duties of a vehicle with low driving capacity.

On October 31, 2017, the Defendant was driving at the speed of 89 km/h of Si at the speed of 89 km in accordance with three lanes, among three lanes in the vicinity of the water crypian in Incheon, the number of 1981, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Sinsan-si.

At the time, it was difficult to secure night and night view, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear by reducing speed and properly manipulating the steering and steering gear.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, and by negligence, got the victim D(53) who unclaimedly crossed from the left side of the Defendant’s running direction to the right side of the Defendant’s driving direction to the front side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., at the seat, due to the suspension of cardiopulmonary death by a multi-prison and on the left.

(A) At night, a person driving at night, despite his duty of due care to operate, has been operated by the defendant more than the restricted speed, and the road in this case is not an exclusive road for motor vehicles, but a road is installed at the accident site.

Even if there was no possibility of predicting that there was a pedestrian.

In light of the fact that it is difficult to see that the defendant has been negligent in violating his duty of care to prevent accidents by accurately manipulating the brakes and steering gear while reducing speed and living well on the right of the right of the right of the right of the right of the right of the right.

It is reasonable to view that there exists a causal relationship between the negligence of the defendant and the death of the victim.

[Judgment] Summary of the evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Responses to the results of appraisal and investigation reports (speed analysis);

1. Application of Acts and subordinate statutes to death certificates;

1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.

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