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(영문) 의정부지방법원 2020.02.05 2019고단5111

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year 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 Bi30.

On September 2, 2019, the Defendant driven the said car on September 2, 2019, while driving it on the right side from the right side to the right side along the two-lanes of the two-lane road in order to the right side in order to the right side in order to the right side in order to the right side.

At night, the two lanes were connected to the second lane, and the victim D (80 years old) was moving to the upper direction of the shoulderet, and in such a case, the driver had a duty of care to look at the front direction and the right and the right and the right and the right and the right of the driver and to accurately manipulate the steering direction and the system to prevent the accident in advance.

Nevertheless, the defendant neglected this and went beyond the victim due to the occupational negligence of the defendant's vehicle driving ahead of the right side of the driver's vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence at the F Hospital E at the time of Pakistan at around 20:25 on the same day due to the shock of the said traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element of the death of a traffic accident [Special Sentencing]: In cases where the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment [the area of recommendation and the scope of recommendation] special mitigation area, two months through one year without prison labor;

3. Determination of sentence: The defendant's breach of duty of care led to a serious result of the victim's death.

However, there is no criminal record of the defendant.