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(영문) 의정부지방법원 2019.03.26 2018고단5375
교통사고처리특례법위반(치사)
Text

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

except that 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 vehicle B at low price.

On November 16, 2018, the Defendant driven the above car at a speed of 111 km per hour according to the two-lanes from the breadth of the two-way road at the two-lanes.

At this point, as a section with a restricted speed of 70km per hour, a person engaged in driving a motor vehicle has a duty of care to observe the restricted speed and to safely drive the brake system by properly operating it.

Nevertheless, the defendant neglected this and proceed with a limited speed exceeding 41 km.

In front of the defendant's running direction, the victim D(62 years old) driver was found late later, and the victim was driven by the front part of the driver's vehicle operated by the defendant.

Ultimately, around November 21, 2018, the Defendant caused the death of the victim due to multiple diversative trauma, while receiving treatment from a F Hospital located in the Government-Si E on November 21, 2018 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs of the accident site;

1. A death certificate;

1. Results of the EDR analysis response, application of the Acts and subordinate statutes on the request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 2] - Death in traffic accidents [Special Sentencing] - Mitigation elements: Reduction areas (including serious efforts to recover damage), reduction areas (the area of recommendation and recommendation types] reduction areas, reduction areas, imprisonment without prison labor for four months to one year;

3. Taking into account the fact that the sentence of this case was rendered and the nature of the crime is not good.

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