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(영문) 의정부지방법원고양지원 2020.11.19 2020고단2575

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives B-II cargo vehicles.

At around 02:00 on July 10, 2020, the Defendant proceeded along four-lanes along the two-lanes from the upstream line of the border road to the parallel along the middle side of the border road, which is located in the territory of the State Council of Acheon-si, Kimcheon-si.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by accurately operating the steering wheel and brake system, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and was negligent in proceeding on the front side of the Defendant’s vehicle, thereby resulting in the Defendant’s fault in front of the foregoing cargo vehicle C (main, 57 years old).

Accordingly, the Defendant caused the death of the above victim due to the above occupational negligence in the emergency room of the E Hospital in the Gumisisisisisisisisisi, accompanied by two alleys.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A fact-finding report and a fire-resistant report (limited to cases of attaching a photograph to the fluore of a victim's vehicle boom);

1. A corpse of corpse;

1. Application of Acts and subordinate statutes concerning photographs and carcasses of accidents;

1. Selection of imprisonment without prison labor, in consideration of the fact that the victim loses an unfit life even though he/she does not change what constitutes the crime, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special sponsers] - the mitigation element: In the area of reduction [the area of recommendation and recommendation range] reduction range, in the area of reduction [the scope of recommendation range and recommendation range] reduction range, in April to 1 year [the general person] reduction element: Subscription to the comprehensive motor vehicle insurance, infinite reflects;

3. A person who has been sentenced to a sentence of punishment and who has been sentenced to a special prison, general prison, and the defendant are more severe than a fine;