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(영문) 수원지방법원 2018.05.30 2017고단7819
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-3 car.

On August 17, 2017, the Defendant driven the above car at around 01:20, and driven the two-lane road in front of the oil station E in Osan City D from the shooting distance of Korean power to the mix of 86.4 km each hour at a speed of at least 86.4 km.

At the same time, crosswalks are installed on the front door, and there is a section with a speed of 48 km at that time, so the driver of the motor vehicle has a duty of care to reduce the speed and accurately manipulate the steering direction and the brakes while accurately operating the steering direction and the brakes to prevent accidents.

Nevertheless, due to the negligence that the defendant neglected the speed beyond the limit and proceeded as it is, the defendant found the victim F, who was crossing the crosswalk on the right side of the pedestrian red signal from the left side of the defendant, late to find it late and operated to avoid this. However, the defendant did not avoid the situation and did not go beyond the road by receiving the victim from the front part of the motor vehicle on the defendant's driving.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by causing the death of the victim due to the severe damage caused by traffic accidents at the Osan Korean Hospital located in 16 a.m. 01:52 on the same day, Osan Korean Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a actual survey report;

1. A report on investigation (Submission of black stay images) and a report on investigation (Outline Investigation);

1. On-site photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. The grounds for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act regarding criminal facts [the scope of recommended punishment] are the case where the victim is negligent in the occurrence of traffic accidents or the expansion of damage, even in the mitigated area (four months to one year).

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