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(영문) 의정부지방법원 고양지원 2018.09.14 2018고단1773
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 of a motor vehicle C.

On February 27, 2018, the Defendant driven the above vehicle around 21:00, while driving the three-lanes of the three-lanes of the three-lanes in Yongsan-gu, U.S., U.S., U.S., the Defendant changed the course from the three-lanes to the one-lanes of G. In order to turn to the opposite direction, the Defendant changed the course from the three-lanes.

No driver of any motor vehicle shall change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route.

Nevertheless, the Defendant neglected this and neglected to change the course to make an intern, and brought about the front part of the victim F (the remaining, 65 years old) who was driving from one lane to gambing, with the left part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence in the hospital of oriental medicine, which was located in the Soviet Medical Foundation of the 74 Turfurd, Sii-si around March 30, 2018, due to the heart suspension, etc. in the hospital of oriental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);

2. The fact that the defendant's negligence with respect to the accident of this case, which was determined to be sentenced, is not less severe than that of the defendant, and that the result of the death of the victim occurred, is disadvantageous to the defendant, or that the defendant recognizes the crime of this case and reflects his mistake.

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