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(영문) 서울동부지방법원 2021.02.16 2020고단4110

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 the duty of driving B 2 trucks.

around 04:50 on October 10, 2020, the Defendant driven the above truck on the front road of Songpa-gu Seoul Metropolitan Government, and proceeded at a speed of about 59.9km in Si speed, depending on three lanes from the shooting distance protection in the Am-gu, Songpa-gu Seoul Metropolitan City.

At the time, night and surrounding view took place, and in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the steering and steering gear to those engaged in driving of a motor vehicle, and properly manipulating the steering and steering gear.

Nevertheless, the Defendant neglected on the front side and the right side side side by negligence, caused the victim D (76) who illegally crossed the road from the left side of the direction of the Defendant to go beyond the ground floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on November 11 of the same month at the F Hospital in Songpa-gu Seoul, Songpa-gu, Seoul, due to a traffic accident.

Summary of Evidence

1. The application of the police statement records of the defendant's legal statement G to the investigation report on the actual condition of traffic accidents, the report on the occurrence of traffic accidents and the analysis report on the occurrence of traffic accidents, the application of the CCTV-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the following grounds for sentencing)

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the range of recommended punishment [the scope of recommended punishment] from 2 months to 1 year (the scope of mitigated punishment] by imprisonment without prison labor for the victim where there are substantial negligence on the occurrence of traffic accidents or the expansion of damage even to the victim.