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(영문) 의정부지방법원 고양지원 2021.01.14 2020고단1870

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 two-wheeled vehicle B CA100.

On June 8, 2020, the Defendant driven the upper-wheeled vehicle on June 17:15, 2020, and driven the front road of Soyang-gu C from the D market to the high-speed distance from the D market.

Since a crosswalk has been installed, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle well sees the right and the right of the front and the right of the motor vehicle, and to prevent the accident in advance by safely driving the crosswalk.

Nevertheless, the defendant neglected to do so and caused the victim E (the 36 years old) who was standing on the left-hand side of the right-hand side of the defendant's vehicle running ahead of the two-wheeled parts of the defendant's two-wheeled parts, thereby leaving the victim up to the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at G hospitals located in Soyang-gu Young-gu F, Gyeyang-gu, Hongyang-gu, where the victim was under the treatment for transmission after around 00:44 on June 24, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the death examination report of the police statement report to H, the investigation report on the actual condition of traffic accidents, the site photographs of the accident, and the Acts and subordinate statutes governing images of the accident

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 62-2 of the Criminal Act of the community service order under Article 62 (1) of the suspended execution of the Criminal Act;

1. Extent of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the types of Class 2] traffic accident death [the special sentencing factors] mitigated factors: Where the illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the territory of recommendation and the scope of the recommended punishment]; the basic area of the traffic accident; August through two years;

2. Circumstances disadvantageous to a decision of sentence: The median line at the rapid speed that the defendant intends to overtake the front line while driving a two-wheeled motor vehicle.