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(영문) 의정부지방법원 2018.05.09 2017고단5881
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 Switzerland car.

On October 21, 2017, the Defendant continued the road, which is one-laned in the front of the D, located in Spocheon-si C around 16:04, at the speed of the city, toward the direction of the extension from the long distance protection of the Jin-gun.

Since the place was installed with the center line of yellow solid lines, the person engaged in driving service has a duty of care to safely operate the tea.

Nevertheless, the utility poles installed in the opposite part due to the negligence of the central line without neglecting this, were placed in front of the passenger car of the defendant's driving.

Ultimately, the Defendant caused the Defendant’s occupational negligence to the victim E (75 years) of his spouse who was accompanied by the Defendant’s next head of the group, and the said victim caused the Defendant’s death from the Macheon Medical Center located in Macheon-ro 1648, 1648, around October 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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. Legal penalty: Not more than five years of credit cooperatives;

2. Application of the sentencing criteria [the scope of the recommended punishment] the range of general traffic accidents in Type 2 (Death, etc. by Traffic Accidents) (4 months to 1 year) (including special mitigation persons] the area of mitigation (including serious efforts to recover damage).

3. Determination of sentence: A sentence of imprisonment without prison labor for four months and the fact that the occurrence of a serious consequence of the death of the victim due to the instant traffic accident in the year of suspended execution is disadvantageous to the defendant

The fact that the defendant's mistake is recognized and reflected, and the victim seems to have suffered a big mental impulse as the spouse of the defendant, and the bereaved family members of the victim do not want the punishment of the defendant.

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