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(영문) 춘천지방법원 영월지원 2020.01.21 2019고단470

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 14, 2019, the defendant operated the above car at around 20:50, and proceeded with the 59-lane of the National Road in front of the Gangwon-gun C in the south of the road.

At the time, it is night, and there is a little hond road, so the driver of the vehicle has a duty of care to prevent accidents by thoroughly operating the steering and steering gear and operating it in a safe manner.

Nevertheless, the Defendant neglected this and opened the road to the right side from the left side of the right side of the victim D (Nam, 74 years old) to build up the road on the right side of the defendant's course due to the negligence of the defendant's neglecting it, and had the victim go beyond the floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the F Hospital located in Gangwon-gun E, Gangwon-gu, Seoul-gun, thereby causing the victim’s death.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to a survey report on actual conditions, an accident site photograph, and an investigation report (to G telephone conversations with the borrower of the victim vehicle);

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 selection of

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (including the scope of recommendation and recommendation), and April through one year;

3. The Defendant, who was sentenced, caused a traffic accident, killed the victim.

As a result, the bereaved family member of the victim suffers a big mental suffering.