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(영문) 의정부지방법원 2021.01.13 2020고단3911
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car car.

On July 6, 2020, the Defendant driven the above car on July 23:25, 2020, while driving the two-lanes of the two-lane C in the front of the two-lanes, and driving at a speed of about 87 km per hour depending on the two-lanes.

At that time, the speed limit is 60 km per hour, and at that time, the front door door is not well secured, so the Defendant, who is engaged in driving business of a vehicle, has a duty of care to prevent a sudden accident by properly operating the front door, the left door and the left door and the steering system, and thus, the Defendant, who is engaged in driving business of a vehicle, has a duty of care to prevent a sudden accident by properly operating the steering direction and the steering system.

Nevertheless, the Defendant was at a speed exceeding 27 km per hour, and was negligent in neglecting the duty at the front of the road in the front of the direction of the Defendant’s proceeding, and received the victim D ( South, 54 years old) crossing the road from the front of the direction of the proceeding as the front part of the passenger vehicle.

Ultimately, at around 23:51 on July 6, 2020, the Defendant caused the victim's death in the E hospital emergency room due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a death report on the scene of an accident, an on-site photograph and an appraisal report on the analysis and assessment of a traffic accident (Attachment of a signboard

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

1. The scope of the recommended punishment according to the sentencing guidelines [type 2] the general traffic accident [type 2] mitigation element of traffic accident death [special sentencing factors]: the victim is also at fault of causing traffic accident or expanding damage.

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