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(영문) 의정부지방법원 2017.02.02 2016고단3876

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years 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-on cargo vehicles.

On July 14, 2016, the Defendant driven the above cargo vehicle around 17:10 and proceeded at a speed of about 30 to 35 km each hour at the end of the bus stop No. 8 of both weeks, both sides of C, at the red distance from the 3rd-down side of the two weeks, to the end of the bus stop No. 8 of each city.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to prevent accidents in advance by driving a motor vehicle safely.

Nevertheless, the defendant neglected to do so and neglected to do so and did not discover the victim D (86 tax, female) crossing the left-hand side from the right-hand side of the proceeding direction, and went beyond the road by shocking the damaged person into the front-hand part of the Defendant driving vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence, such as the diversous shock in the blood dose at the medical clinic located in 271, the Mali-ro 14:24 of the same month, which was being treated after the transmission.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report, and on-site photographs;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The circumstances in which the victim died due to the instant traffic accident are divided into the facts that the defendant made an agreement with his bereaved family members, the fact that there is no previous conviction exceeding the fine, and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., and the conditions for sentencing specified in the arguments, such as the circumstances after the crime, shall be determined as the order.