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(영문) 의정부지방법원 2020.06.01 2020고단492
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of B SP car.

On November 5, 2019, the Defendant driven the above car at around 01:45, and led the 93-4 road in Mapo-ri, Gangwon-gun, Gangwon-do to the Mapo-ri area in the Gangseo-gu, Gangwon-gu, Gangwon-do.

At the time, it is night, and its location is 43 national highways of two-lanes, so in this case, a person engaged in driving duties of a motor vehicle has a duty of care to take care of an accident by accurately manipulating the front section and the right and the right and the right and the right and the right of the motor vehicle, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and failed to discover the victim C (Nam and 49 years of age) who was seated on the road in front of the passenger car driving direction of the Defendant due to negligence that did not look at the front side of the vehicle driving. The Defendant was the victim with the part of the front wheeler.

Ultimately, the Defendant caused the victim’s death on the spot due to the above occupational negligence by causing the victim’s injury to two parts and not.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on internal investigation ( telephone conversations with a witness reported before a traffic accident occurred);

1. On-site photographs;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. Scope of punishment by law: One month to five years from a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element of the death of a traffic accident [Special Sentencing]: In cases where the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment [the area of recommendation and recommendation range] special mitigation range, two months through one year;

3. Determination of sentence:

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