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(영문) 의정부지방법원 2019.03.08 2018고단5477
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On August 2, 2018, the Defendant driven the said car on August 18:15, 2018, driving the said car, and driving the two-lane road in front of the “D convenience store” located in the East-si, East-do, along the two-lane road from the side of the “Yancheon” to the “Yancheon” direction, the Defendant driven the two-lane road along the speed of about 50km in speed.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by safely driving the steering staff by reducing speed, complying with the traffic signal, and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and entered the intersection beyond the yellow signal in contravention of the signal, and failed to properly operate the steering and brake devices, and did not avoid a signal light, which was installed on the right side of the road, and received the said prop in front of the Defendant’s driving car.

Ultimately, the Defendant caused the death of the victim E (n, 62 years of age) who was on board the said car due to the above occupational negligence by the G Hospital located in the Gu Council-si F, which was under the back-of-the-day treatment at around 23:30 on August 5, 2018 and caused the death of the victim E (n, 62 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site map;

1. A death certificate;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to traffic investigation EDR analysis;

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 [the scope of recommendations according to the sentencing guidelines by the Supreme Court] Traffic Crime Group: The area where the general traffic accident is mitigated (the death of a traffic accident, etc.) (the decision of sentencing) [the decision of sentencing] is caused by the fault of the defendant.

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