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(영문) 수원지방법원 2018.08.23 2018고단2067
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

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On February 4, 2018, the Defendant driven the said car at around 20:20, and driven the said car at around 102.5km in the direction of the river basin in the direction of the river basin, along with the five lanes in front of the “D” located in the area C at Suwon-si.

At that time, the speed of restriction is 60 km per hour, and it is difficult to secure the view at night, so the Defendant has a duty of care to observe the speed of restriction and properly manipulate the steering and brakes so as to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and went beyond the floor by taking the victim E (E and 42 years of age) who illegally crosses the crosswalk from the right side of the direction of the defendant's proceeding to the left side of the road.

Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., the injury inflicted on both sides of the seat, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a report on actual condition investigation (2);

1. Each report on internal investigation (the circumstances and basic investigation of accidents, witness telephone conversations);

1. Comprehensive traffic accident analysis report;

1. A corpse death certificate;

1. Application of the Act and subordinate statutes on On-the-spot evidence photographs, defense picture pictures, black stuff photographs, field pictures, and black stuff images;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds) of the suspended sentence (the scope of the recommended sentence) [in the case where there is a substantial fault on the occurrence of traffic accidents or the expansion of damage to the victim, the scope of the sentence that is not imposed and the recommended shall be compared.

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