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(영문) 수원지방법원 평택지원 2020.06.18 2020고단396
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 vehicle B at low price.

On July 10, 2018, the Defendant driven the said car at around 10:0, and turned the two-lane road in front of the D, which is located in Chungcheongnam Hong-gun, Hongsung-gun, Hongsung-gun, into a two-lane, at a speed of about 113.7km each hour, depending on the scarbing side from the red slope.

At this point, the road with a restricted speed of 80km and the road that the injured party E (the age of 76) enters the left side of the road. In such a case, the driver has a duty of care to prevent accidents in advance by reducing speed and operating the operation and steering gear well by properly operating the operation and steering system.

Nevertheless, the Defendant neglected to do so and failed to proceed with the speed exceeding approximately 33.7 km per hour, thereby overcoming the center line on the left side of the front bank and making a left-hand turn to the right-hand left-hand turn, and received the part on the right-hand part of the front-hand part of the car.

Ultimately, at around 10:02 on July 12, 2018, the Defendant caused the victim to die due to brain death at G hospitals located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant’s legal statement, report on the occurrence of traffic accidents, and traffic accident analysis reports, respectively;

1. Application of the Acts and subordinate statutes on site photographs of death certificate and CCTV images;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act and the choice of imprisonment

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element of traffic accident death [Special Sentencing]: The victim shall also have the occurrence of traffic accident or the expansion of damage.

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