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(영문) 서울북부지방법원 2019.11.28 2019고단4034
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaged in driving a B-to-pur vehicle.

On July 22, 2019, at around 04:35, the Defendant proceeded at a speed of about 130 km each hour, along the three-lanes from the west-in zone to the west-in zone, along the intersection of Seoul Special Metropolitan City, at a speed of about 130 km.

At all times, since the restricted speed is 60 km per hour on a general road, the driver of the vehicle has a duty of care to prevent accidents by complying with the vehicle line and the restricted speed, making it well sees the right and the right and the right and the right and the right and the right and the right of the course, accurately manipulating the steering system and operating the steering system.

Nevertheless, the Defendant neglected this and proceeded with the speed exceeding about 70 km per hour, and shocked the victim D(77 years of age) who illegally crosses the crosswalk in the direction of right from the left side of the vehicle driving by the Defendant, with the front part of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by having the victim go back to the lower direction.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written result of autopsy and postmortem examination;

1. Submissions of traffic accident analysis reports;

1. B Automobile photographs and motion picture of the motor vehicle;

1. Application of the Acts and subordinate statutes on black stay images;

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 on orders to provide community service and attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident shall be limited to the range of the reduced range (4-1 year) (special mitigation) (special mitigation) where there are considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim, and the victim is not punished (including serious efforts to recover damage). The illegality of the proviso of Article 3(2) (excluding subparagraph 8) of the Specialized School Act is illegal.

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