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(영문) 의정부지방법원 2019.05.22 2019고단969
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 a B-learning car.

On January 28, 2019, the Defendant driven the above-learning car at around 19:40, and led the two-lane road in front of the city of parliamentary government to go about about 82 km in the direction of D school from the direction of transmission.

At the time, it is night and its place is 70 km speed per hour, so there was a duty of care to ensure that a person engaged in driving service has a duty of care to observe the speed limit, to live well on the right and the right and the right, and to drive safely.

Nevertheless, the defendant neglected this and did not discover the victim E (59 years of age) crossing the road from the right side of the defendant's running direction due to the negligence that caused the limited speed to about 82 km in speed exceeding 12 km, and did not find the victim E (59 years of age) and had the victim go beyond the ground by receiving the victim on the left side of the front of the vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence at the G Hospital located in F in the same time that was under the follow-up treatment at around 21:08 on the same day due to low-amount shock caused by cerebral brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the occurrence of traffic accidents, and the investigation report;

1. Application of Acts and subordinate statutes as a result of an accident video, an accident video, or an appraisal;

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: From one month to five years of a credit cooperative;

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], and April through one year;

3. The decision-making defendant shall drive a car at night, and there is no cost to separate it from the center.

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