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(영문) 서울북부지방법원 2020.06.23 2020고단765
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

At around 07:00 on January 14, 2020, the Defendant driven a bicycle on the roads of the second line in front of the apartment apartment in Jung-gu Seoul, Jung-gu, Seoul, while driving a bicycle on a two-lane basis from the c beginning bank to the dypical volcanic basin.

Since there is a place where traffic is controlled by signal apparatus, there was a duty of care to safely drive a bicycle driver in accordance with the direction of signals, by living well prior to the course and the left and right of the bicycle driver.

Nevertheless, the defendant neglected this and caused the victim D(75 years of age) who tried to scam on the road due to the negligence of driving along the road, in violation of the stop signal, to go beyond the floor due to the shock of the above bicycle front wheel.

Ultimately, at around 11:34 on January 16, 2020, the Defendant caused the death of the victim due to cerebral blood in the F Hospital located in Dongdaemun-gu Seoul, Dongdaemun-gu, to the brain liver.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A death certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, investigation report (a classification of victims, application of bicycle riders' signal violations, non-compliance with the duty to protect pedestrians at crosswalks), video CDs, or suspect's signal violations;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under the Act on the Reasons for Sentencing of Article 62-2 of the Criminal Act: the scope of recommended sentences [decision of type] according to the sentencing guidelines for January through five years of imprisonment without prison labor for the traffic crime [Type 2] the death of traffic accident [Special Sentencing] [including efforts to recover damage] - The mitigated elements: [the area of recommendation and the scope of recommendation] [the scope of mitigation] [the area of mitigation and the scope of recommendation] - the area of mitigation of imprisonment without prison labor for April to 1 (the general person) - the mitigated elements:

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