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(영문) 수원지방법원 안산지원 2019.08.23 2019고단1956
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 passenger car in the B B B B B B.

On April 12, 2019, the Defendant driven the above vehicle on April 12, 2019, while driving the vehicle, the Defendant continued to drive the intersection at a speed of about 40km at a speed of about 20km in the city of Si, at a speed of IMB 25-ro 25-ro 12-ro 11, square meters in front of the shooting distance in the city of Silung City.

In such cases, a driver who enters the intersection with a signal apparatus installed has a duty to report the intersection signal apparatus well and conduct the accident in accordance with the signals, and has a duty to prevent the accident without smoke, but he neglected this duty, and the defendant neglected this duty and shocked on the right side of the victim C(46 years old, south) driving in the direct direction of the course to the left side of the vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim in his job by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Reports on traffic accidents, actual condition survey reports, and reports on the occurrence of traffic accidents;

1. A written result of autopsy;

1. Report on internal investigation (as to the fact of violating the signal signal of the damaged vehicle), signal cycle tag, investigation report (as to the new subparagraph at the time of the accident), and investigation report (as to the reason of the death of the injured party);

1. Application of relevant Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education: The defendant's negligence of violating the signal signals caused traffic accidents and the victim's death resulted from the occurrence of a serious consequence: The fact that the crime is recognized and reflected, the victim's bereaved family members and the victim's agreement is reached.

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