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(영문) 의정부지방법원 2018.05.16 2018고단301

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 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 driving a car in CMW 520D.

On October 1, 2017, the Defendant operated the said car on the main road located in North-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro.

A person engaged in driving service has a duty of care to prevent accidents in advance by accurately operating the steering gear and steering system.

Nevertheless, the Defendant neglected this and caused the victim to have his tensiond scarbedly died on the job by taking an accelerator pedal to reduce the speed. The Defendant followed the victim D(57) drive epoter II of the victim D(57) drive, which was proceeding earlier, and got off the said cargo vehicle to get off and walked, and caused the victim to have his tensiond scarbly died.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and on-site photographs;

1. A body photograph and death certificate;

1. A protocol of seizure and a list of seizure;

1. Traffic accident analysis reports and investigation reports (the results of EDR analysis) governed by the statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The area of mitigation (influence of punishment, influence of traffic accidents, in four months to one year) of the general traffic accident group (influence of punishment, influence of punishment), the degree of violation of the defendant's duty of care is large

The 50th of the house was the death of the defendant due to the accident caused by the defendant.

It seems that the bereaved family members of the victim are suffering from a big mental suffering.

However, it is advantageous to the fact that he/she has not been punished against the defendant by mutual consent with only the spouse of the victim, and that the defendant has no record of other crimes except for the defendant who has been sentenced to a minor fine twice.