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(영문) 의정부지방법원 2020.06.08 2020고단476

교통사고처리특례법위반(치사)

Text

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

except that 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 B M& car.

On May 29, 2019, the Defendant driven the above car at a speed of about 40 km per hour, depending on the inner side of the road of 2091 and 68 letter, which is 2091 and 40 km, from the front side of the road to the front side of the road.

At the same time, the width was about 3.5 meters as a road of one lane. At the center, there was a yellow-ray central line installed, so in such a case, the driver of the motor vehicle has a duty of care to look ahead of whether there is a motor vehicle driving vehicle or not, and to safely drive the motor vehicle along the vehicle line and prevent the traffic accident.

Nevertheless, the Defendant failed to neglect this and did not discover the D Freight of the C Driving, which was in the opposite direction, due to the negligence of operating beyond the central line, and received the front part of the Defendant’s vehicle as the front part.

Ultimately, the Defendant caused the death of the victim E (the age of 78) who was accompanied by the Defendant’s vehicle due to the above occupational negligence to the respiratory part caused by cerebrovascular while receiving treatment from F at around 12:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

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

1. A traffic accident analysis report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a written autopsy report);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Class 2] mitigation element of traffic accident death [Special Sentencing]: Reduction element of punishment (the recommended area and recommendation range]; reduction range of punishment; reduction range;