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(영문) 의정부지방법원 2020.04.22 2020고단365

교통사고처리특례법위반(치사)

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

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 of a cargo vehicle B, Class III or 1 ton.

On September 10, 2019, the Defendant driving the above cargo vehicle around 10:16, and driving the four lanes in front of the D in Gyeonggi-si, the Government of the Gyeonggi-si, at a speed that would not be known by the two-lanes depending on the civil air from the civil air.

At the time, the victim E (the age of 84, inn) tried to cross a road without permission, the driver had a duty of care to safely drive the road by making it possible for the driver of the vehicle to see the front side and the right and the right and the right and the right and the right of the driver of the vehicle, accurately operating the steering and the operation of the steering gear, etc.

Nevertheless, as long as the Defendant neglected this and neglected to do so, the victim who crosses the road from the right side of the vehicle driving direction to the left side of the defendant's vehicle was in front of the chief lighting of the defendant's vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as the multi-soft long-term depression, which was sent back to G Hospital in the Gu Government-si F and received treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, on-site and vehicle photographs, investigation reports (investigation into the verification of vehicle black boxes), and photographs and descriptions of the vehicles fluorries by capturing them;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of dead bodies or dead bodies;

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. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation types], and four to one year without labor;

3. Determination of sentence;