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(영문) 수원지방법원 안양지원 2019.03.29 2018고단1730
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 a B-to-car.

On August 3, 2018, the Defendant driven the said car at around 20:06, and 11.3m of the crosswalk at the entrance of the Chang City at the Guang City City, was straightened at a speed of about 66 km per hour, depending on the two-lanes of speed from the king-si room to the erogate.

At the time, there is a section where the speed limit is 50 km near the crosswalk, so in such a case, there was a duty of care to prevent accidents in advance by properly operating the front, rear and right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle, and observing the speed limit.

Nevertheless, the Defendant neglected this and proceeded with a speed exceeding 16 km without examining the front bank properly, and due to the negligence that took place in excess of a speed of 16 km, the Defendant received the head part of the victim D (ma, 71 years old) crossing the direction of the fire in the direction of the motor vehicle in front of the motor vehicle driving by the Defendant.

As a result, the Defendant caused the death of the victim due to the injury to the bodily injury from the workplace due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1), (2);

1. An accident site photograph or an accident vehicle photograph;

1. A death diagnosis report and a written autopsy and appraisal report;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes to a report on investigation (verification of Trabbox Images);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [the scope of recommendations on the sentencing guidelines] - Special mitigation area (two to one year) for types of general traffic accidents (the death of traffic accidents) - Special mitigation area (two to one year): In a case where the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage).

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