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(영문) 의정부지방법원 고양지원 2018.09.28 2018고단1835
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 of the last car in C C.

On May 25, 2018, the Defendant driven the above vehicle at around 06:44, and driven the road bending to the direction of the wave from the legal principle to the front of the central temporary re-road in 543-5, the alcohol at the time of wave.

Since there is a central line, there was a duty of care to not exceed the central line.

Nevertheless, the Defendant neglected this and found that the Defendant was driving beyond the center line, and the victim D (63 Do, South) was driving in the direction of the E k3 car, and it was delayed, and the front part of the damaged vehicle was collisioned by the front part of the left side of the damaged vehicle.

As a result, the Defendant directly caused the death of the victim due to the injury of scarcity scarcity due to the occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to death certificates;

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. The reasoning for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the Act on the Suspension of Execution shall be determined as the Disposition in consideration of the following factors: (a) the mitigation area of the two types of traffic accidents (the number of months to one year) [the person who has been specially mitigated] [including the person who has committed a serious effort to recover damage] the crime committed by the Central Line; (b) the death of the victim; (c) the occurrence of the victim; (d) the mental shock of the bereaved family members; (d) the mental shock of the victim is deemed to be large; (d) the vehicle operated by the defendant is covered by a comprehensive insurance; (d) the vehicle is covered by the victim; (e) the fact that the victim was an agreement with the bereaved family members; (e) the confession of the crime and the violation of the Act; and

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