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(영문) 서울북부지방법원 2020.06.23 2019고단5571
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 driving modern 9.5 tons of ultra-cat trucks.

On October 23, 2019, the Defendant driven the above truck around 08:40 on October 23, 2019, and proceeded along the four-lanes inside the accepted mountain tunnel, which is at a point of 40.7km in Seoul Special Metropolitan City, Nowon-gu, Seoul, along with the four-lanes inside the offline from the offside to the offside.

A person engaged in driving of a motor vehicle has a duty of care to properly operate, steering and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and due to the malfunction, received the back portion of the D Poter, the early part of the D Pobbbbbbf trucks driven by the victim C (year 57) who was parked in the front of the Defendant’s vehicle.

Ultimately, around 10:03 on the same day as above, the Defendant caused the death of a victim who was receiving medical treatment at a F Hospital located in Seoul Jung-gu E by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A death diagnosis report and a written record of autopsy;

1. Application of the Acts and subordinate statutes attached to traffic accident reports, on-site and images of victims, and CCTV images;

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the general traffic accident [the type 2] mitigation element: the occurrence of traffic accidents or the expansion of damage (the occurrence of a traffic accident in the vehicle in which the vehicle in which the vehicle in which the vehicle in question is parked is located) and the victim's bereaved family members are not subject to punishment (including efforts to recover damage).

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