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(영문) 수원지방법원 2018.02.20 2017고단7814
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On September 23, 2017, the Defendant driven the above cargo vehicle on September 23, 2017, and led the three-lane road in front of the "D" veterinary hospital "D", which is located in C, in the esibic City, to proceed from the new airspace to the big market.

At the time, the new wall was located near the crosswalk and 60km at a restricted speed, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes while keeping the restricted speed.

Nevertheless, the Defendant neglected to do so and found the victim E (n.e., 56 years old) who was crossing the right from the right side of the Defendant to the port due to negligence going beyond the speed of 68.5 to 71.2 km, and did not avoid it, but went beyond the road by the victim on the front side of the freight vehicle of the Defendant driving.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in Korea-do University, Dong Sung-dong University, which was located in the 7th day of the same day at around 06:12 of the same day due to the death of the victim, such as a cage cage at the same time due to traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. (1) A traffic accident report, death diagnosis report, and response to a request for appraisal;

1. Attachment of photographs of police officers dispatched to the first site and attachment of photographs of the scene of accident;

1. Application of Acts and subordinate statutes to a investigative report (limited speed 60KM/H-related data);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types of general traffic accidents (Death or Injury caused by traffic accidents) to which the sentencing criteria apply: Special mitigation area (from February to one year) to which the special mitigation area is applicable: the victim is also at fault due to the occurrence of the traffic accident;

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