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(영문) 의정부지방법원 고양지원 2019.06.21 2019고단1030
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On February 28, 2019, at around 01:08, the Defendant driven the said rocketing car and proceeded along one-lane of the two-lane distance from the right to the Seoul from the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the traffic of the motor vehicle.

Nevertheless, while the Defendant neglected this and drive a speed exceeding 85 km per hour, the Defendant shocked the victim C(52 years of age) who illegally crossed the speed from the left side of the running direction of the said car to the right side, with the top behind the right side of the said car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the D Hospital located in Soyang-si, Goyang-si at around 02:10 on the same day due to the death of the victim due to the cage of cage cage cage and chest damage.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A corpse of corpse;

1. A traffic accident analysis and appraisal report;

1. On-site map;

1. Application of the Acts and subordinate statutes that capture a photograph, a black box photograph, a capse photograph, or an on-site CCTV image image image;

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

1. Scope of punishment by law: One month to five years from a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of traffic accident (special-speed person]: Reduction element of punishment: Non-guard of punishment (the area of recommendation and recommendation range], reduction range of punishment (the scope of recommendation range and recommendation range), four months through one year;

3. According to the instant judgment of sentence, the instant crime resulted in a serious consequence of the death of the victim.

On the other hand, it is against the defendant's wrong recognition.

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