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(영문) 의정부지방법원 2019.09.25 2019고단3071
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 the B flag.

On April 19, 2019, at around 06:25, the Defendant, at the southyang-si, continued to drive at an insular speed two-lanes of the two-lane road in front of C, in the sular intersection.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, make a safe report on the surrounding traffic conditions, and have a duty of care to take measures in advance to prevent accidents in cases where there is a concern for harm and hindrance to others due to the characteristics of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to take any measures, but neglected to take any measures on the left side of the vehicle's structure, and caused the victim D (79 years old) who was crossing the road to the right side on the left side of the proceeding direction by neglecting to take any measures on the left side of the vehicle's structure.

The Defendant caused the death of the victim by causing serious brain damage to the victim due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the occurrence of a traffic accident, and an on-site photograph;

1. Application of Acts and subordinate statutes to photograph of a deceased person or a corpse examination report;

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: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the general traffic accident [the category 2] the death of traffic accident [the special person] - the mitigation element: the mitigation range (including the advanced efforts to recover damage) [the recommended field and the scope of recommendation] mitigation range, the credit cooperative from 4 months to 3 March.

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