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(영문) 의정부지방법원 2020.05.27 2019고단5676

교통사고처리특례법위반(치사)

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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 B-Wood vehicle.

On July 7, 2019, the Defendant, at a point of 320.7 km in Busan, and at a point of 320.7 km in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon, the Defendant changed the course to a three-lane, while driving along the two-lanes among the three-lane roads.

When a person engaged in driving a motor vehicle intends to change course of the motor vehicle, he/she has a duty of care not to change course when he/she is likely to place the right, the right, and the rear side of the motor vehicle properly, accurately manipulates the steering direction and the brake system, and to impede normal traffic of other motor vehicles running in the direction of the change.

Nevertheless, without neglecting this, the Defendant caused the death of the Victim C’s DAcle EX-V6 car operated by the Victim C (year 56) with three-lanes, but without securing a proper safety distance, by changing the course to three-lanes as it was, and by neglecting it, caused the Victim to shock the steering gear to avoid a shock with the Defendant’s car. In other words, the Defendant caused the Victim’s death by plucking, plucking, plucking, and plucking off the steering gear toward the direction to avoid a shock with the Defendant’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, photographs, and written statements of autopsy;

1. Application of traffic accident-related suspect and victim boom video-related statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendation [the determination of types] according to the sentencing criteria, the area of recommendation and recommendation that there is no person who causes a traffic accident (the person who is a special person) shall be included in the ordinary traffic accident [the category 2].