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(영문) 의정부지방법원 고양지원 2019.06.05 2019고단788
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving village buses B.

On February 6, 2019, the Defendant: (a) driven the above bus on the top of 15:35, and was negligent in performing the duty of front-down and left-hand and right-hand watch while driving 1, 2 complex private distance from the distance of the hospital in the Dong-gu, Mangdong to C from the distance of the hospital in the ancient city; and (b) caused the death of the victim’s body, head, etc. on the left-hand side of the victim D (78 years of age), who was the left-hand side of the maging bank, by negligence in the course of performing the duty of follow-up and right-hand watch, without timely operation of the steering direction and brakes, and in the course of performing emergency treatment at the F Hospital located at around 17:24 E on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A death diagnosis report and a written record of autopsy;

1. Application of the Acts and subordinate statutes to a photograph of the accident site or a photograph of the accident screen image;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the element of mitigation of traffic accidents [including a person who has been specially punished]: In cases where 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, or in cases of clibing (excluding the area of recommendation and the scope of recommendation] basic area, 8 months through 2 years of imprisonment without prison labor;

3. The crime of this case by which the sentence of sentence was rendered is very serious because the defendant received the victim who dried the crosswalk while the defendant was driving without being aware of the fact that the signal of the intersection was changed to a red signal, and therefore, the defendant was negligent.

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