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(영문) 의정부지방법원 2018.05.25 2018고단827
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with sod vehicle from D.

On October 14, 2017, the Defendant driven the above vehicle at around 19:05, while driving the vehicle, which led to the flow from the right edge to the right edge of the Hanwon-gun E road in front of the Hanwon-gun.

At the time, there was night and there was a duty of care to safely drive a vehicle with a view to her right and right and right and duty of care to safely drive the vehicle, because it is also a part of the first lane where street is not installed.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the Defendant’s vehicle by his negligence, and received the part of the victim F (the age of 86) who was pushed ahead of the Defendant’s vehicle and walked, as the front part of the Defendant’s vehicle.

Ultimately, on October 15, 2017, at around 00:54, the Defendant’s occupational negligence caused the death of the victim due to the injury of external wounds at the government-specific hospital of the Tol University, which was 271, a Matern University’s Materno-ro, 271.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] of the general traffic accident [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment], the mitigation area (4 months to 1 year), [the person with special mitigation [including efforts to recover from damage], and the defendant's negligence caused a traffic accident, resulting in a serious result of the victim's death.

However, the punishment shall be determined in consideration of the fact that the defendant recognized the crime of this case, agreed with the bereaved family members of the victim, the primary crime, and the subscription to the general insurance.

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