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(영문) 의정부지방법원 고양지원 2019.03.15 2019고단139

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year 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 string three cargo vehicles.

At around 17:30 on October 25, 2018, the Defendant: (a) driven the above cargo vehicle at a sloping road located in the king of the king from the frontwest-gun of the Northwest; (b) opened the victim C (76 years of age) who was driving a motor bicycle of 50 cc for the 50cc long from the nautical miles side of the nautical miles surface immediately before the intersection entrance to the intersection, while driving on the sloping road from the sloping surface to the core surface; (c) therefore, considering whether the victim is able to pass through the intersection, the Defendant reduced the maximum speed in advance; and (d) confirmed the progress of the crossing by temporarily stopping the situation of the victim; and (d) had the duty of care to pass through the intersection, the victim’s left side part of the motor bicycle driving through the sloping and new intersection was facing the front part of the said cargo vehicle.

On November 1, 2018, the Defendant had the victim of occupational negligence receive treatment in the E Hospital located in Dong-gu in Gwangju-si, Gwangju-si, and caused the death of the victim by pressure on brain.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents, on-site photographs, etc.;

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

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 the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 2], the factors to mitigate the death of traffic accidents [Special Sentencing]: Reduction area of punishment (including serious efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, reduction area of punishment and imprisonment without prison labor for four months to one year;

2. Although there was a serious result that the defendant's negligence of the defendant's decision to sentence the death of the victim, the defendant recognized the crime of this case and reflected his mistake.