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(영문) 춘천지방법원 2019.07.24 2019고단476
교통사고처리특례법위반(치사)
Text

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

except that 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 engaged in driving a sealed 3 freight vehicle.

At around 09:40 on November 23, 2018, the Defendant came to the back of the intersection without the front signal of “D” in Yangwon-gun C from the direction of the E elementary school by making the left turn to the left at a ethic speed from the direction of the E elementary school.

Since the above side road has a crosswalk installed, there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle, to look at whether pedestrians cross the road, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected the above duty of care and caused the victim H (the age of 87) to wear a scooters for medical assistance, which is an artificial scooters for pedestrian assistance, and the victim H (the age of 87) to wear the above scood part of the above scoo for the above scood part of the above scood vehicle, and caused the victim to die due to the merger of scoods caused by damage to the two scoods located in the J Hospital located in Gangseo-gu Seoul Metropolitan Government I on December 21, 2018, while treating the victim

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on internal investigation (related to death during the victim's treatment), an investigation report (limited to a medical record and a medical opinion of the victim);

1. Application of Acts and subordinate statutes of H’s death diagnosis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

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

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: A sentence of imprisonment without prison labor for six months, the circumstances leading to accidents for two years in the suspension of execution, and the occurrence of the result of death;

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