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(영문) 수원지방법원 2020.06.11 2020고단1744
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 low-speed car B.

On January 1, 2020, the Defendant driven the above vehicle at a speed of about 92K/h in the city according to the two-lanes from the e (e.g., the e. the e.p. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e.

At the time, a crosswalk is installed at the front of the intersection along which the signal, etc. is installed, and the speed of restriction is 60 km/h, so there was a duty of care for driving persons to observe the speed of restriction and to safely drive by making their front and right and right and right well.

Nevertheless, the Defendant neglected this and negligently driven a limited speed exceeding 32 K/h, and the Defendant got the victim F(the age of 82) who was dried on the right side from the left side, while the crosswalk at the front side of the running direction of the Defendant was red signal, which was driven by the Defendant, in front of the left side of the said high-speed car.

Ultimately, at around January 1, 2020, the Defendant caused the death of the victim due to severe cerebral injury caused by the ductal dys of the said victim at Osan-si G and H Hospital on January 1, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, report on internal investigation (limited to attachment of black stuff images installed in a vehicle quantity), report on internal investigation (limited to the regulatory speed of the place of the traffic accident), report on internal investigation (the diagnosis of death of a changing person and the certificate of family relationship of reference I), investigation report (the response of the results of the analysis of the traffic accident by the Gyeonggi-do branch of the Road Transport

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations]

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