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(영문) 의정부지방법원 2017.08.24 2017고단1193

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Character car.

On March 18, 2017, the Defendant driven the upper vehicle at around 00:07, and driven the three-lane in front of Dongducheon City along the three-lane in front of Dongducheon City at about 70km in speed from the direction of the intersection to the direction of the intersection.

At the time, there is a crosswalk at night and there is a yellow flickering, so in such a case, there was a duty of care to check whether pedestrians pass the crosswalk and prevent accidents by checking whether they pass the crosswalk well by reducing the speed and by checking well the right and the right of the driver of the motor vehicle.

At the time when the defendant neglected this and neglected to stop speed, and neglected to do so, the defendant did not find the victim E (the remaining 37 years old) who cross the crosswalk from the right side of the defendant's running direction to the left side, and had the victim go beyond the floor by shocking the part of the front part of the vehicle driving by the defendant.

The Defendant caused the death of the victim by occupational negligence at the scene of the accident with cerebrovascular and saliva.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site photographs of the accident site and CCTV images for crime prevention;

1. A photograph of the corpse, a corpse death certificate, and a postmortem report;

1. Application of Acts and subordinate statutes to investigation reports (on-site investigations and CCTV images verifications at accident places);

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. One month to five years from a month of imprisonment without prison labor, the range of applicable sentences in law;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] the basic area [the scope of recommended punishment] of the two types of traffic accidents (the determination of the area of recommendation] [the scope of recommended punishment] the basic area [the scope of recommended punishment] from eight months to two years.

3. The circumstances under which the sentence is determined, and the age, sex, environment, method and mode of the crime, and the circumstances before and after the crime.