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(영문) 의정부지방법원 2018.07.18 2018고단1588
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 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 the operation of the D mining groundr.

On January 16, 2018, the Defendant driven the above vehicle at around 19:57, while driving the two-lane road in front of the E in southyang-si, and driving the two-lane road at one-lane, making the left turn to the IC and the right turn.

Since there are many signals installed, the driver of a vehicle operating on the road has a duty of care to safely drive the vehicle according to the signals and instructions displayed by the traffic safety facilities and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to turn left the left, and neglected to turn the left from the right side of the Defendant’s vehicle driving direction to the left side of the victim F (40 cm) who crossed without pedestrian red signals, with the front and rear wheels of the Defendant’s driving vehicle.

Ultimately, at around 20:05 on the same day, the Defendant caused the death of the victim due to the divessis and internal damage (presumption) by the traffic accident at the site of the foregoing traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

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 the selection of imprisonment without prison labor;

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

1. Legal penalty: Not more than five years of credit cooperatives;

2. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents of Type 2 (Death, etc. by Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation) (including special mitigation persons) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage).

3. Determination of sentence: A decision of sentence of imprisonment without prison labor for six months, the fact that the negligence of a victim who crossed without permission for a suspension of execution for two years is a major cause of an accident, and the defendant is the bereaved family members;

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