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(영문) 의정부지방법원 2018.08.21 2018고단2189
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 vehicle EM 520.

On December 29, 2017, the Defendant driven the said car at around 20:10, and, at the same time, continued to enter a revolving intersection where 27-24 roads, a 23-gild from the 1stm of Gyeonggi-gu, Gi-gun, Gi-gun, at a ethic speed from the ethic to the ethic speed.

At the time, at night and at the front of the moving direction, there was an intersection. In such a case, the driver of the motor vehicle has a duty of care to reduce the speed to ensure the safety of passengers in the vehicle and to safely drive the motor vehicle in the front direction by keeping the traffic situation well and prevent the accident in advance.

Nevertheless, the Defendant neglected the duty to see the front direction, while proceeding with the wheel intersection in the front direction, even if he had a wheel intersection with the wheel intersection in the front direction, and received the front wheel part of the Defendant’s driving vehicle.

As a result, the defendant's above negligence caused the death of the victim F (n, 46 years of age) who is a passenger of the above car by occupational negligence at around 21:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (4-1 year from April to 1), the mitigation area (including specially mitigated persons), the non-Punishment (including efforts to recover damage), the victim was killed by the Defendant’s negligence.

However, the punishment shall be determined in consideration of the fact that it is an accident caused by the Dong-type Haak, that is agreed with the bereaved family members, that it is against the victim, that it is covered by the comprehensive insurance, and that

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