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(영문) 서울동부지방법원 2020.11.11 2020고단2817

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 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 BSP car.

On September 21, 2019, the Defendant, at around 14:58, driven the said car on the front road of the Gangdong-gu Seoul Metropolitan Government Building C at the front of the road, moved the front of the car from the underground parking lot to the ground, and moved it to the ground parking lot on the left side.

Since there is a house that is a side-way, there is a lot of people walking, and in such a case, there was a duty of care to safely drive the vehicle to prevent accidents in advance by checking whether there is a person walking on the road by reducing speed and by properly examining the right and the right and the right of the vehicle.

The Defendant neglected to do so and tried to follow speed pedals while driving the speed pedal, but left as it was by negligence following the speed pedal, and received G and the victim H(78 years old) who were sitting on the rabal pedal by getting and continuing to sit E and F on the rab.

After the Defendant sent the above victim H to the J Hospital located in Gangdong-gu Seoul Metropolitan Government I due to such occupational negligence, the Defendant caused the death of the above victim H to the divesia by traffic accidents at around 15:39 on the same day.

Summary of Evidence

1. The defendant's legal statement and the report of traffic accident;

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: From one month to five years of a credit cooperative;

2. The range of recommendations according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of traffic accident [special sponsers] - the mitigation element: the mitigation area [the scope of recommendations and recommendations] mitigation area, the reduction area, the imprisonment without prison labor for not less than 4 months [the general sponsers] - the mitigation element: purchase of comprehensive motor vehicle insurance, serious reflections;