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(영문) 의정부지방법원 2019.07.03 2019고단1572
교통사고처리특례법위반(치사)
Text

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

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 who is engaged in driving a Grandland car.

At around 12:30 on February 25, 2019, the Defendant driven the said car and driven the two-lanes of the two-lanes in front of the PyeongIC 58-32 in Pyeongtaek-dong at Pyeongyang-dong at Pyeongyang-dong, Pyeong-dong, in the direction of PyeongIC at approximately 60km in speed from the direction of PyeongIC to the direction of Pyeongdong.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by properly operating the steering and steering the steering gear well, and by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to perform his duty at the time of Jeonju and was negligent in proceeding along with the Defendant’s failure to drive the victim C(72 years of age) driving in the front direction of the proceeding, and the back part of the cargo vehicle was driven by the Defendant.

After all, the Defendant caused the death of a victim from an occupational negligence at a F Hospital located in the Gu Council-si E on February 28, 2019, by the above occupational negligence, at the F Hospital located in the Gu Council-si E on February 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map of a traffic accident and photographs at the time of the accident;

1. A death certificate and body photograph;

1. Application of Acts and subordinate statutes to investigation reports (Investigation, etc. into Causes of accidents);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [Special Sentencing] - The factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation of punishment (including the area of recommendation and recommendation range], and April through one year;

3. The defendant who was sentenced to sentence does not regard the cargo difference of the victim who was driving ahead of the sentence as is.

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