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(영문) 서울동부지방법원 2021.01.21 2020고단3675
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the duties of driving a knife with fishing.

On September 18, 2020, the Defendant driven the above vans around 19:45 on September 18, 2020, and proceeded at a speed of about 50km in speed, depending on two lanes towards the shooting distance in front of the building in Songpa-gu Seoul, Songpa-gu Seoul.

At night, the crosswalk was installed in the front of the road at night, so there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as checking whether a person engaged in driving the vehicle has a way to see the front door well.

Nevertheless, by negligence, the Defendant neglected this and proceeded on the rear side without viewing the rear side, and did not discover the victim D ( South, 73 years old) who was riding a bicycle due to a change in signals on the front side of the front side of the front side, and received the victim as the front part of the said passenger car.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence as above, such as the diversification of diversity in the workplace.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, such as a death report on the CCTV of a suspected vehicle) a report on the actual state of the defendant's legal statement, a death report, on-site photograph of the victim, and an examination report on the photograph of the victim;

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 the selection of imprisonment without prison labor;

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the death of traffic accident [person subject to special sentencing] - The factors to mitigate the punishment (including the area of recommendation and the scope of the recommended punishment], the area of mitigation of punishment [the area of recommendation and the scope of the recommended punishment], the area of reduction of punishment by imprisonment without prison labor for April through one year;

3. Determination of sentence: Ten months of imprisonment without prison labor and suspension of execution;

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