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(영문) 의정부지방법원 고양지원 2018.07.06 2018고단1190
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

On February 19, 2018, around 17:46, 2018, the Defendant driven a 24 tons owp truck at X-do 24 tons of base base, and proceeded along three-lanes in front of the Mat Pung-dong, Gyeonggi-gu, U.S., in Gyeonggi-do, along the three-lanes of base line, from the alleys of base line, the Defendant was going to turn back to the bank of the Dong National University University Hospital at the private distance intersection where it was located.

Since there is an intersection where signal lights are installed, in such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by checking whether there is a person standing the crosswalk, and by accurately manipulating the steering direction and brake system.

Nevertheless, due to occupational negligence that did not properly view the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above, i.e., the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A photograph of a scene of an accident or a photograph of a moving video of the accident;

1. Application of Acts and subordinate statutes to death certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);

2. Determination of sentence;

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