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(영문) 의정부지방법원 2018.05.30 2018고단1296

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive a Grand City Kaol.

On January 9, 2018, the Defendant proceeded at a speed of about 73 km from the 26 association to the intersection along the two parallel lines between E convenience points located in Gyeonggi-si, each of which is located in D, at the same time, at the speed of about 73 km per hour, along the two parallel lines from the 26 association to the intersection.

At the time, it is night and its place is 60 km per hour at a speed limit. In such a case, a person engaged in driving a motor vehicle has a duty of care to keep the speed limit, to keep the traffic situation well, and to prevent the accident by driving the motor vehicle safely.

Nevertheless, due to the negligence that the Defendant neglected the duty of her front-time care and carried out so far beyond the foregoing speed, the Defendant received the victim F (55 years old), who is a pedestrian crossing the road without permission from the left-hand side of the running direction of the Defendant, as the front-hand part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence as above, around January 9, 2018, at around 22:04.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site map, and on-site photograph;

1. The screen that has stopped CCTV images;

1. Application of Acts and subordinate statutes of the comprehensive traffic accident analysis report;

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 the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment pursuant to the sentencing guidelines of the Supreme Court] Article 2 of the Act on the Special Mitigation of Traffic Accidents (the occurrence of traffic accidents or the expansion of damage if there is considerable negligence on the part of the victim in causing traffic accidents or causing damage to the victim] [the decision of the sentence] Article 62(1) of the Act on the Suspension of Execution

However, at night, the victim is a four-way line from the traffic of the vehicle.