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(영문) 의정부지방법원 고양지원 2019.03.14 2019고단99

교통사고처리특례법위반(치사)

Text

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

except that 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 B B Bbeta car.

On November 30, 2018, the Defendant driven the above vehicle at the speed of 04:35, and driven the front road of Soyang-gu Seoul from D to the high-speed viewing, at the speed of about 90.65 km, depending on the one-lane distance from D to the high-speed viewing.

At the time, there is a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and operating the steering system accurately.

Nevertheless, the Defendant neglected to do so and caused the limited speed to exceed 30.65 km per hour, and had the latter part of the FVL125 Oba, the latter part of the Victim E (the age of 68) driving, i.e., the lower part before the left-hand part of the VL125 Oba, and caused the victim to fall off to the opposite line at approximately 48 meters away from the opposite line.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the emergency room of the Goyang-gu G in Gyeyang-gu, Seoyang-gu, Seoyang-gu, G, where the victim was under treatment at around 05:45 on November 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written confirmation of body;

1. Comprehensive traffic accident analysis report and investigation report (the results, etc. of the Corporation's appraisal);

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of the suspended sentence [the decision of types] the general traffic accident [the category 2] the mitigation element of traffic accident [the person who is a special offender], the mitigation element of punishment (including a serious effort to recover damage], the mitigation scope of punishment [the scope of recommendation and recommendation range], the decision of imprisonment without prison labor for April to January: the speed of two years of suspended sentence shall be at least 30km a speed without prison labor for October.