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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단2101
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of the B-hurged sports vehicle.

On April 6, 2018, the Defendant driving the said car in front of the mountain basin in the Seo-gu, Seo-gu, Busan at the time of ancient cities around April 6, 2018, and driving the said car along the two-lanes of the three-lanes between the two-lanes from the boundary of the U.S. and the one of the three-lanes of the U.S. underground vehicular road.

At the time, night and rained surface was mil, and there was a limit of 60 km speed, so there was a duty of care to drive a person engaged in driving a motor vehicle at a safe speed and in a safe manner by reducing the speed at the restricted speed by 20%, and by accurately operating the steering and brakes.

Nevertheless, the defendant neglected this and proceeded at a speed of about 102 km per hour exceeding the speed limit, and due to the negligence of failing to live well, he got the victim C (28 tax) who crossed the road to the right side from the left side of the running direction to the right side of the defendant's driving.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, thereby causing the injury to the two parts of the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Restorable videos;

1. Application of the Acts and subordinate statutes requesting appraisal;

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. Application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [the scope of recommendation] The scope of general traffic accidents [the range of two months to one year] shall be the area of special mitigation (the victim of February to one year] [the victim of February to one year] also has a substantial fault in the occurrence of traffic accidents or the expansion of damage, the decision not to punish the victim (including a serious effort to recover damage): The decision of sentence shall be made at two years of suspended sentence in October of the imprisonment without prison labor.

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