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(영문) 의정부지방법원 고양지원 2019.07.25 2019고단1494
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 Bone Star Car.

On March 10, 2019, the Defendant, at around 20:40 on March 10, 2019, driven the said car, and proceeded with the victim D (the age of 56) who was unauthorized to the right side from the left side of the progress direction of the Defendant due to occupational negligence when he neglected to perform his duty of emulgating the three-lanes in front of C in front of C in front of C in front of C, the head of the road.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the E Hospital located in Goyang-si, Goyang-si around 22:35 on March 10, 2019 and caused the death of the victim due to a low blood transfusion from each other.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the actual condition survey report, each photograph, death diagnosis report, and the Acts and subordinate statutes governing the site image of an 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 selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation factors: Death of traffic accident [Special Sentencing]: In a case where the injured party has gross negligence due to the occurrence of traffic accident or the expansion of damage, in a case where the injured party is not subject to punishment [the scope of recommendation] special mitigation factors: Two months to one year without prison labor;

3. Determination of sentence: April of imprisonment without prison labor and one year of suspended execution caused an accident by negligence that the defendant neglected his/her duty of care and caused the death of the victim.

However, there is considerable negligence in the occurrence of traffic accidents and the expansion of damage even to the victim who made the illegal crossing, and there is no victim's bereaved family member's consent with the victim's bereaved family member to punish the defendant.

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