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(영문) 의정부지방법원 2019.11.27 2019고단4016
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 who is engaged in driving a Grandroth.

On June 9, 2019, at around 09:35, the Defendant driven the above van, and let C turn to the left from the ebbal library at the same eb.g., at the same ebal intersection.

It is a road with a crosswalk installed, and since there was almost little of the vehicle travelling along the road at the time, there was a duty of care to safely drive the road as a person driving the motor vehicle, who is engaged in driving the motor vehicle, to view the right and the right side and the right side, to check whether there is a pedestrian.

Nevertheless, the Defendant neglected this and proceeded to the left left, but neglected the left and left-hand turn, and instead neglected the left-hand and left-hand turn, found the victim D (n, 85 years of age) late, and did not immediately stop, and caused the victim's death on either side and with a snick, etc. from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. On-site photographs and on-site photographs;

1. Bluckings images of vehicles and CCTV images of accident places;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

2. Due to the Defendant’s breach of the duty of care in determining the sentence, the victim was unable to take care of his death.

The defendant has been punished for violating the Act on Special Cases concerning the Settlement of Traffic Accidents even before.

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