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(영문) 의정부지방법원 고양지원 2020.05.15 2020고단415
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 motor vehicle B with five tons of Lnono.

On September 30, 2019, around 05:40, the Defendant proceeded along one lane from the direction of the meal distance to the center of the 36-20-lane 46-20, Goyang-dong, Mangsan-si, Mangsan-si on September 30, 201, while driving along one lane from the direction of the meal distance to the center.

At night, traffic signals, etc., which separately instructs left-hand turn signals, were installed on the front side. In such a case, drivers who want to make a U-turn, had a duty of care to prevent accidents by properly operating steering devices and brakes according to the traffic signals available for a U-turn.

Nevertheless, the Defendant neglected the above duty of care and received the front part of the DMOAS PAL US 2nd two-way driving by the victim C(the age of 66) who was on board a vehicle signal in the direction of the front line, which was driven by the vehicle signal, due to the negligence of attempting the U.S. transport signal in the front line while the traffic signal in the front line is a straight signal.

Ultimately, at around 06:37 of the same day, the Defendant caused the victim to die due to the above occupational negligence at the National Health Insurance Hospital of the Korea National Health Insurance Corporation located in Mangsan-ro, Mangdong-gu, Mangsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. The actual condition survey report;

1. On-site photographs and site forest photographs;

1. Application of one statute to blackbbox image CDs

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. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the type 2], the death of traffic accidents (the special sponsor] shall be mitigated:

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