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(영문) 의정부지방법원 고양지원 2017.10.27 2017고단2084
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 dump truck driving.

On June 16, 2017, the Defendant driven the above vehicle at around 10:00, and led the front road of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, to drive the front road at the high-speed of the Goyang-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent an accident by driving the motor vehicle with the driver's license and driving the motor vehicle well.

Nevertheless, the defendant got the victim E (at 62 years old) who was walking the crosswalk due to negligence that caused the failure to perform his/her duty at the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in light of the victim’s right-hand arms and legs injuries around 10:37 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and photographs related to the traffic accident;

1. Application of Acts and subordinate statutes to dead bodies;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);

2. Determination of sentence: (a) the Defendant’s negligence with respect to the instant traffic accident in question is not less severe; and (b) the result that the victim’s death was serious, etc. is disadvantageous to the Defendant.

On the other hand, the circumstances favorable to the defendant are that the defendant recognizes the crime of this case and reflects his mistake, and that the victim's bereaved family members do not want the punishment by mutual consent with the victim's bereaved family members.

The above circumstances are as follows.

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