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(영문) 수원지방법원 성남지원 2019.05.30 2018고단1838
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 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 freight B.

At around 11:02 on June 15, 2018, the Defendant, at the speed of about 80km in the direction of the intersection, five lanes in front of the D gas station in Seongbuk-gu, Sungwon-gu, Sungwon-gu, Sungdong-gu, in the direction of the intersection in the direction of the intersection in the direction of the direction of the intersection in the direction of the intersection.

In this case, the driver has a duty of care to prevent traffic accidents by properly operating the steering team and the steering system in a safe way.

Nevertheless, the defendant neglected to cross the e (the 56-year old) of the e (the e.g., 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. the e. the e.)

Ultimately, the Defendant caused the death of the victim at the emergency room of G Hospital located in Seongbuk-gu, Seongbuk-gu at around 11:20 on the same day due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. Each fact-finding reply to the Safety Investigation and Operation Book of the Road Traffic Authority;

1. A survey report on the actual condition, a autopsy report on a corpse, a autopsy report, a report on internal investigation (influorial image analysis), a report on investigation (influorial vehicle speed assessment result), and a report on investigation (influor video verification);

1. Article 63 of the Road Traffic Act provides that a pedestrian shall not pass through or cross the motorway. Thus, a driver of a motor vehicle operating a motorway has no duty of care to drive the motor vehicle in preparation for a vehicle to ensure that the pedestrian may pass through or cross the motorway, except in extenuating circumstances, and thus, barring special circumstances, even in cases where a victim who passes the motorway without permission is shocked and causes an accident.

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