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(영문) 춘천지방법원 2020.05.19 2020고단123
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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On November 15, 2019, at around 06:40, the Defendant was driving at a speed of about 85 to 88 km in the direction of Hongcheon-gun National Road 40, Hongcheon-gu, Hongcheon-gu, Hongcheon-do, Hongcheon-do, under the direction of Hongcheon IC, one lane among three lanes in the direction of Seoul (see, e.g., evidence No. 11).

(See No. 70 of the Evidence Records). At the time, the road was milched, the surrounding area was carried out due to the time of the new wall, and the crosswalk was located on the front door, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed, to keep the front door well, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the traffic signal.

Nevertheless, the defendant neglected this and proceeded on the crosswalk as it is, while he was in violation of the suspension signal of the vehicle, and was placed on the right side of the victim C(74 years old) who was standing on the left side of the crosswalk in accordance with the pedestrian signals from the right side of the motor vehicle driving direction of the defendant, and received the front front part of the motor vehicle driving seat of the defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on November 15, 2019, at around 07:30 of the same day (see, e.g., evidence No. 34 of the record) and sent back after the accident, resulting in the victim’s death by multiple trauma in the E Hospital located in Da, Hongcheon-gun, Hongcheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, death certificate, etc.;

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