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(영문) 수원지방법원 2019.06.20 2019고단1639
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

At around 00:04 on February 14, 2019, the Defendant was a person engaging in driving a rocketing car, and was driving a road in front of the Central Resident Center in the Hasan-si, Hasan-si, in the direction of the playground shooting distance from the direction of the playground.

Since the location is a road with a restricted speed of 60km, a driver engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in a safe manner by driving the front door and the right and the right.

Nevertheless, due to the negligence that the Defendant neglected this and continued to stand above 80km/h, the Defendant received the victim C (M, 69 years old) who was crossing the above road without permission even though the pedestrian signal was red, and caused the death of the victim due to the severe brain damage caused by the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. An analysis of traffic accidents;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. An accident site photograph;

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

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 recommendations] of the Act on the Order to Provide community service and attend lectures [the sentence of sentence] The basic area (8 to 2 years) of the Act on the Punishment of Traffic Accidents (the Decision of Sentence] of the Act on the Punishment of Traffic Accidents (the Decision of Sentence] is that the crime of this case resulted in the death of a victim by shocking the victim without discovering the victim who was walking on the road from the front bank and causing the victim's wrong progress without discovering it, and the crime of this case is not weak

However, the defendant recognized the crime of this case and divided his mistake, and the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and the victim who died in the occurrence of the accident of this case.

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