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(영문) 의정부지방법원 고양지원 2019.06.20 2019고단1234
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On April 5, 2019, the Defendant driven the said car on April 12:55, 2019, and driven the said car to run approximately 30 to 40km each hour on the surface of the court distance from the two sides of each week.

Since there are no signal lights and crosswalks, in such a case, there was a duty of care to check whether a person engaged in driving duty is a person who sets a way to reduce the speed and to check the right and the right and the right and the right and the right and the right and the right are well and drive safely.

Nevertheless, the Defendant neglected this and neglected the duty of the front bank and the left bank and proceeded as it is, due to the negligence of neglecting it, and neglecting the duty of the front bank and the left bank, and the victim E (n, 80 years old) who illegally crossed a road from D to a post office of the court in D was placed on the front side of the car above.

Ultimately, the Defendant’s occupational negligence in the same year

4.6. 12:59 around 12:59, the F Hospital of the Government led the victim to the death of the victim with multiple long-term organs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to the actual survey report, on-site photographs, dead body photographs, and death diagnosis report;

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 selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation factors: Death of traffic accident [Special Sentencing]: In a case where the injured party has gross negligence due to the occurrence of traffic accident or the expansion of damage, in a case where the injured party is not subject to punishment [the scope of recommendation] special mitigation factors: Two months to one year without prison labor;

3. Determination of sentence: Six months of imprisonment without prison labor; and

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