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(영문) 의정부지방법원 2018.10.12 2018고단3479

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of B-learning automobiles.

On May 18, 2018, the Defendant, at around 17:07, proceeded at a speed of about 50km in front of the forestry cooperative in front of the office of the Gendend Eup located in 178, Ginwon-gun, Ginwon-gun, Ginwon-gun, Ginwon-gun, Ginwon-gun, Ginwon-gun, the reputation of the Gingu, Ginnam-gu, at a speed of

Since there is no signal, it is an intersection in the shape of a sloping, there was a duty of care to check whether a person engaged in driving service has entered the intersection first and drive the vehicle by reducing the speed or temporarily stopping it.

Nevertheless, the Defendant neglected this and proceeded as it is, while driving the bicycle, did not discover the bicycle driven by the victim C (Min, 73 years old) who driven in front of the right-to-hand Eup office in the front side of the back-to-hand oil station in the right-hand direction and did not discover the bicycle driven by the victim C (Min, 73 years old) and got the bicycle right-hand part back to the ground.

In the end, the Defendant caused the death of the victim at the E hospital located in Kangwon-gun, Kangwon-gun, Kangwon-gun, a traffic accident at around 18:46 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site map and on-site photograph;

1. A death certificate;

1. Application of the Acts and subordinate statutes concerning a CCTV video-recording photograph;

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 the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The area of mitigation (influence of punishment, four months to one year) (the decision of sentencing] (the decision of sentencing] of the area of mitigation (influence of punishment, four months to one year) caused the result of the victim's death due to the Defendant's negligence.

The bereaved family members of the victim are suffering from the mental disability.