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(영문) 수원지방법원 2019.07.26 2019고단536
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 of Bknife car.

On August 24, 2018, the Defendant driven the above vehicle on August 22:20, 2018, and proceeded at the speed of 93km/h of speed in two lanes, one of the three-lanes of speed, from the surface of the slope to the surface of the original road at Osan City, Osan-ro 92.

At night and at that time, the signal apparatus was installed in the front door, and the restricted speed was 60km/h, so the driver of the motor vehicle had the duty of care to safely operate the motor vehicle according to the front door, while complying with the restricted speed and accurately manipulate the steering and brakes so as to prevent the accident from spreading.

Nevertheless, as the Defendant neglected this, the part on the left side of the two-wheeled vehicle of the victim C(61) driving, which was driven by the Defendant due to the negligence of driving a vehicle in excess of 33 km/h of the speed limit on red signal, in accordance with the new subparagraph, from the right side of the vehicle running on the left side of the vehicle of the Defendant, was received as the front part of the Defendant.

Ultimately, at around 22:26 of the same day, the Defendant caused the death of the victim due to the symptoms of brain damage in the E Hospital due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident site photograph, and an on-site photograph;

1. A driver's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license;

1. Integrated traffic accident analysis report, investigation report (whether or not relating to 60km/h and speed limit), speed limit sign photographs;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act requires traffic accidents due to the defendant's violation of the signal and the excessive speed.

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