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(영문) 의정부지방법원 2019.11.27 2019고단3707

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 engaging in driving a rocketing car.

On July 7, 2019, the defendant operated the above car at around 09:40 on July 7, 2019, and came to turn to the left the road of one way in front of the C Apartment at the Namyang city.

Since it is an intersection with a signal apparatus installed, a person engaged in driving a motor vehicle has a duty of care to reduce speed, see the right and the right and the right of the road, accurately operate steering and brakes, and safely drive the signal in accordance with the signals.

Nevertheless, the defendant neglected this and neglected to turn left to the stop signal, and caused the victim E (74 years old) who dried the crosswalk installed at the intersection in accordance with the new code.

Around July 15, 2019, the Defendant caused the above victim to die due to the foregoing occupational negligence by G Hospital located in the Namyang-si F, Namyang-si, G Hospital’s death due to diversified cerebral cerebral cerebral cerebral cerebral cerebral cerebral typhosis and

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site map and on-site photograph of a traffic accident;

1. A death certificate;

1. Confirmation of a photograph of the accident site and a photographic image images;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] The factors to mitigate the death of a traffic accident (including a special person): The factors to mitigate punishment (including a serious effort to recover damage): In cases where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (excluding subparagraph 8) is serious, or in cases of dyscopic driving, the basic area [the recommended area and the scope of recommendation], the basic area of imprisonment without prison labor for eight to two years;

2. Judgment of sentence has been made due to a remarkable breach of duty of care by the defendant;