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(영문) 수원지방법원 평택지원 2021.02.09 2020고단2269
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

However, the execution of the above punishment shall be suspended for a period of 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 of the B1 ton cargo vehicle.

On July 12, 2020, the Defendant, at around 08:41 on July 12, 2020, moved the 359 wood distance from Pyeongtaek-si to the shot basin of the transmitting shot.

At all times, crosswalks are installed on the front side, so the driver of the vehicle has a duty of care to reduce the speed and to prevent accidents by safely driving the signal of the crosswalk and the right and the right and right of the road.

Nevertheless, the Defendant neglected this and got the victim C (the age of 61) who crosses the right from the left side of the direction of the Defendant to the right side of the crosswalk green signals by negligence, and led the Defendant to go beyond the road after taking the victim C (the age of 61) toward the front of the cargo vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim by the aforementioned occupational negligence by external shock shock in the ambulances while being transferred to the E hospital located in Pyeongtaek-si D on the same day at around 09:41 of the same day.

Summary of Evidence

1. The investigation report on the legal statement of the accused and the report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to photographs on site of death diagnosis certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] mitigated factors for the death of traffic accident (including serious efforts to recover damage): Where the illegality in Article 3 (2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the scope of recommended and recommended punishment], the basic area of the traffic accident, the imprisonment without prison labor for August 2 through 2.

3. A pedestrian who has led to the determination of a sentence and reflects on his/her ability to cross the crosswalk green signals;

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