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(영문) 수원지방법원 2020.04.09 2019고단8320
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor 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

The defendant is a person who is engaged in driving a car in a SP area B.

On October 25, 2019, the Defendant driven the above car on October 25, 2019, and driven the two-lane road in front of the zone C in Suwon City, along the two-lanes from the Hanwon Underground Road to D.

In this case, the driver of the motor vehicle has a duty of care to safely proceed with the operation of the motor vehicle by properly operating the steering and steering system and accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so in the front of the front of the vehicle of the Defendant, and failed to properly manipulate the steering gear, etc., the Defendant got the victim E (ma, 54 years old) who was walking on the road according to the bicycle exclusive lane installed at the edge of the above road due to the negligence of breaking the bicycle exclusive lanes installed at the edge of the above road, and turned the victim above the ground floor.

Ultimately, the Defendant caused the above victim’s death by occupational negligence at the emergency room of the F Hospital, which was under the treatment of back-to-date at around 00:54 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A traffic accident report;

1. Photographss by cutting down each black stuff image;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education] [the second type] traffic accident damage [the special sentencing person] mitigation elements: Damage [including serious efforts to recover damage] mitigation area] mitigation area [the scope of recommending and recommending punishment] mitigation area, imprisonment without prison labor for April to 1 [the decision of sentence] crime of this case is negligent in driving a bicycle driving by a defendant who intrudes the bicycle lane while driving.

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