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(영문) 수원지방법원 2019.07.19 2019고단917
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) by the Defendant is a person engaging in driving a motor vehicle in B SP land.

On January 17, 2019, at around 13:35, the Defendant driven the said car on the south side from the said parking lot to drive the said car.

At this point, there are many pedestrians who are adjacent to the delivery of a pedestrian crossing, so in such a case, the driver of the vehicle has a duty of care to drive safely by accurately manipulating the steering gear and the brake system by reducing the speed of the driver and driving the way.

Nevertheless, the Defendant neglected this and caused the victim E (the age of 81) who was frightened by the negligent driving of a motor vehicle without obtaining a driver's license, but did not avoid the victim E (the age of 81) and had the victim go beyond the floor with the front part of the said motor vehicle.

Ultimately, the Defendant shocked the victim due to the foregoing occupational negligence, resulting in the death of the victim due to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spag in Ansan-si F on January 17, 2019.

2. Around January 13:35, 2019, the Defendant driven a Switzerland car without obtaining a driver’s license. Around January 17, 2019, the Defendant driven a Switzerland car without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Data to capture CCTVs at the scene of an accident;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes concerning death diagnosis and photographs of the deceased;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and imprisonment without prison labor;

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