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(영문) 의정부지방법원 2019.09.25 2019고단2986
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 the duties of driving B.

On May 23, 2019, the Defendant driven the above vehicle around 10:48, and moved the 1007-175 large-scale intersection from the boundary of the intersection to C bypassing the intersection.

At all times, traffic islands and crosswalks are installed, so the driver of the vehicle has a duty of care to check whether or not there is a person driving the vehicle, and to proceed safely.

Nevertheless, the Defendant neglected this and failed to view the front door properly, and caused the death of the victim of the crosswalk due to the negligence of bypassing the front door as it is, and caused the victim to the death of the victim of the instant crosswalk in the F Hospital located in Gui-si E on June 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and on-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [Special Sentencing] - The factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation of punishment (including the area of recommendation and recommendation range], the area of imprisonment without prison labor for four months to one year;

3. The Defendant, before the right-hand, found the victim who dried the crosswalk at a late time and received it as is, resulting in the Defendant’s failure to follow the victim’s death.

However, the defendant shows the appearance against the defendant, and the victim's bereaved family members and the defendant's prior wife are trying to reach a unanimous agreement.

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