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(영문) 의정부지방법원 고양지원 2018.07.05 2018고단544

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the D mining season.

On September 2, 2017, the Defendant driven the above digging rangeer on September 17, 2017, and proceeded at a speed of about 15 km from the side of the waterside to the side of the road of 60-5 U.S. in front of the common-use elementary school in the middle of the 60-5 U.S. at the time of the wave.

Since there is a road designated as a protective area for children with elementary schools and housing in the vicinity, there is a place to walk on the side of the road. As a person engaged in driving service, there was a duty of care to reduce speed and operate steering devices and brakes well to prevent accidents by operating steering devices and brakes.

Nevertheless, the defendant neglected to proceed with it and brought the victim E (73) toward the right side in the same direction according to the right side from the front side.

Ultimately, the Defendant caused the death of the victim from G hospital located in Mapo-gu F at the Goyang-gu Seoul Metropolitan City around October 20, 2017 due to the foregoing occupational negligence, such as the multi-long-term function of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes to a traffic accident report (on-site survey report), accident site photograph, investigation report (CCTV), CCTV image suspension screen (2) and death diagnostic report;

1. Relevant legal provisions concerning criminal facts, Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, the grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The basic area of recommendation [the scope of punishment on the sentencing criteria] and the scope of punishment on the recommendation [the types of general traffic accidents] that there are no two types (the person subject to special sentencing] [the scope of punishment on the recommendation]: August to two years.

3. Determination of sentence: The crime of this case committed in June of the imprisonment without prison labor is a case resulting in the death of a damaged person due to negligence of the defendant who neglected his/her main duty and caused the death of the injured person.