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(영문) 의정부지방법원 2018.04.11 2017고단4959

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 B-learning car.

On September 12, 2017, the Defendant driven the above car at around 20:48, and proceeded with the road of the first two-lane of Gyeonggi-do Apyeong-gun, Gyeonggi-do, in the north-do, from the north-do bank to the Pyeong-Eup bank.

A person engaged in driving service has a duty of care to prevent accidents in advance by driving safely by living well on the front.

Nevertheless, by negligence, the defendant neglected this, did not discover the victim D(56) who illegally crossed the road from the right side of the course to the left side, and received the said car, and caused the victim to die due to cerebral cerebral injury at Hancheon University at around 22:07 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, death from traffic accidents (type 2] [the person subject to special sentencing]: In the event that the victim has been negligent due to considerable negligence in the occurrence or expansion of damage from the traffic accidents even, the victim is not subject to punishment [the scope of recommended punishment] from 2 months to 1 year from 2 months from 2 months from 1 year from 2 months from 1 year from 2 years from 100

3. Decision of sentence: A sentence of imprisonment without prison labor shall be chosen because the victim has died due to the negligence of the defendant who has been sentenced to four months of imprisonment without prison labor, one year of suspended execution, and

However, it is not only the confession of the defendant, the vehicle operated by the defendant was covered by a comprehensive insurance, but also the victim's bereaved families and children have reached an agreement with the victim. It is also negligent for the victim who illegally crossed the road.