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(영문) 의정부지방법원 2019.03.26 2018고단5290

교통사고처리특례법위반(치사)

Text

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

except that 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 November 9, 2018, the Defendant followed the intersection of the stable distance from the lower bank of the Republic of Korea, along with the addition of the Sincheon-si on November 9, 2018.

At all times, there was a duty of care to operate a person engaged in driving along a private street intersection accurately in accordance with the signals and the steering system of the vehicle, and to operate it safely by checking well.

Nevertheless, the front part of the Oral wave, which is driven by the victim C(71 years of age) who is in direct position under the normal new code in the same manner as the left turn in contravention of the signal while the signal of the intersection signal is red, was driven by the defendant as the front part of the car operation.

Ultimately, at around November 11, 2018, the Defendant caused the death of the victim at the E Hospital located in Gyeonggi-si, the Government of the Gyeonggi-si on November 11, 2018 due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 2] - Death in traffic accidents [Special Sentencing] - Mitigation elements: Reduction areas (including serious efforts to recover damage), reduction areas (the area of recommendation and recommendation types] reduction areas, reduction areas, imprisonment without prison labor for four months to one year;

3. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.

However, the fact that the defendant has no criminal power, the victim's bereaved family does not want the punishment of the defendant, and other things.