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(영문) 서울남부지방법원 2020.07.23 2020고단1387
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

At around 11:21 December 201, 2019, the Defendant, who is engaged in driving B B-II trucks, proceeded to turn to the left at an unfest speed depending on the easible speed of 53-13-distance intersection from C-section 4 to D-section 3-lane 4.

At this point, there is a duty of care to prevent accidents in advance by driving the signal apparatus and driving it a three-distance intersection where the left-hand turn is possible. In such a case, there was a duty of care to prevent accidents by safely making a left-hand turn, such as putting a person engaged in driving of a motor vehicle into the front side while looking at the road situation.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and received the front part of the Fpoter II vehicle driven by the victim E (year 54) who was under normal process in accordance with green straight lines in the front part of the driver's seat of the Defendant vehicle.

Ultimately, around December 15, 2019, the Defendant caused the victim's death by occupational negligence in a H hospital located in G in the Government-Si of Gyeonggi-si on December 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the traffic accident report, the intensity of the accident site, the photograph of the accident site, the investigation report, the death diagnosis report, the traffic accident analysis and appraisal report, and the autopsy report;

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

1. One to five years in case of credit cooperatives within the scope of punishment by law;

2. Extent 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: Unfavorable circumstances;

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