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(영문) 의정부지방법원 고양지원 2017.09.14 2017고단2132

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment 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 Category C Ⅱ trucks.

On June 6, 2017, the Defendant driven the above truck on around 03:55, and proceeded to the second apartment of about 57 km each hour from the long distance distance from the entrance of the Seongbuk-gu Busan Metropolitan City, Seoyang-gu, Busan Metropolitan City, to the second apartment of which the Maternal Doctrine should be reproduced.

At the time, it was at night and there was an intersection in the vicinity of the agency, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle by reducing the speed and driving it well.

Nevertheless, the defendant neglected to do so and proceeded without reducing speed, and the defendant found the victim D (the remaining and the age of 76) who opened the intersection from the left side to the right side at the latest, and caused the above victim to be shocked by the front part of the above Poter II, and exceeded approximately 23 meters away from the shock point.

As a result, the Defendant caused the death of the said victim by occupational negligence, such as a serious injury, etc., at the Gansan Hospital of the University, which was located in the same 170-ro 170, in the same Gu, where the said victim was being treated for transmission after around June 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A corpse death certificate;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to the scene of an accident, vehicle photographs, CCTV images, and victim photographs;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The ground for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The area of mitigation (4 months to 1 year), [the person with special mitigation] the punishment not (including efforts to recover damage] [the decision of sentence] the victim died due to the instant traffic accident, and the occurrence of the accident.