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(영문) 수원지방법원 평택지원 2019.07.19 2019고단522
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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 BP car.

On January 31, 2019, the Defendant driven the above vehicle at around 06:20, and made the front road of Pyeongtaek-si C turn to the left from the edge of the fire station.

At the time, there is a crosswalk with signal apparatus such as yellow on-and-off lights at night, and in such a case, there was a duty of care to check whether a person engaged in driving service is a person to reduce speed and to see it well, and to prevent accidents in advance by driving safely.

The defendant neglected this and caused the victim E (the age of 62) who dried the crosswalk on the right side from the left side of the proceeding direction to turn it back to the floor by the occupational negligence, which caused the left side of the road without properly examining the front left side, and caused the victim E (the age of 62) to go beyond the floor of the vehicle of the defendant.

Ultimately, at around 01:33 on February 2, 2019, the Defendant caused the death of the victim at G Hospital located in Pyeongtaek-siF due to the above occupational negligence due to the cerebral cerebral cerebral cerebral cerebral tys, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs of the accident site;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The occurrence of a serious result of the death of the victim of the accident in which the sentence was determined, and the responsibility for the crime is hot.

However, the defendant.

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