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(영문) 의정부지방법원 2018.04.25 2017고단5029

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 Crane car.

On August 4, 2017, the Defendant operated the said car on the front side of the Gamyeong-gun, Gyeonggi-do, D, and proceeded in one way among the one-lanes on the side of a golf course located in the Gamak-gun, the Gam-gun.

A person engaged in driving service has a duty of care to prevent accidents in advance by accurately operating the steering gear and steering devices.

Nevertheless, by negligence, the Defendant neglected this, discovered the victim E (74 years old) who was on board the Madow and did not immediately get out of it, and received the victim later, and caused the victim to die due to the cardiopulmonary damage at G hospital located in Pyeongtaek-gun F of Gyeonggi-do around 06:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Legal penalty: Not more than five years of credit cooperatives;

2. Application of the sentencing criteria [the scope of the recommended punishment] the range of general traffic accidents in Type 2 (Death, etc. by Traffic Accidents) (4 months to 1 year) (including special mitigation persons] the area of mitigation (including serious efforts to recover damage).

3. Determination of sentence: A sentence of imprisonment without prison labor for ten months, and a suspended sentence of two years, which resulted in a result that the defendant's negligence could not follow the death of the victim.

The fact that the bereaved family members agree with the bereaved family members of the victim that the defendant is not subject to punishment of the defendant, the vehicle operated by the defendant is covered by a comprehensive insurance, and that the defendant has no record of punishment other than once a fine due to driving under influence of alcohol, shall be considered under favorable circumstances, and the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments.