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(영문) 의정부지방법원 2020.01.22 2019고단4830
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 cars of the franchising tower B.

On September 28, 2019, the Defendant driven the above cargo vehicle on September 10, 2019, and applied the left turn to the entrance and exit of the apartment complex in the Guri-si, Kuri-si.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to make sure that the traffic situation is well reported and safely drive the motor vehicle and prevent the accident

Nevertheless, the Defendant neglected to do so and received the front part of the cargo vehicle by the telecommunication line of the pedestrian F (M, 89 years old) crossing the E-Dong from the Ddong side.

Accordingly, the Defendant caused the death of a victim due to scarcity damage around 11:19 on the same day while he/she was sent back to a H hospital located in G in the same city due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

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. 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. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [Special Sentencing] - The factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation of punishment (including the area of recommendation and recommendation range], the area of imprisonment without prison labor for four months to one year;

3. The victim who had been crossing the road of an apartment with a cargo vehicle driven by the defendant who has been sentenced to the sentence for the alternative boarding service.

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