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(영문) 의정부지방법원 2018.06.22 2018고단1493
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

2...

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a third car.

On September 19, 2017, the Defendant driven the above car at around 18:12, 2017, and proceeded at a speed of about 51.81km at a speed of about 51.81km from this e.g., the road at the entrance of the 2540 suspend tower in Pyeongtaek-si, Pyeongtaek-gu, Gyeonggi-do.

In this case, the driver of the motor vehicle has a duty of care to thoroughly see the right and the right and the right and the right and the right of the motor vehicle and to safely drive the motor vehicle in light of the traffic situation.

Nevertheless, due to the negligence of neglecting this, the victim D(75 years old) who crosses the above road to the right side from the left side of the defendant's proceeding direction was placed a front part of the defendant's driver's car.

Ultimately, the Defendant caused the above victim to die due to the above occupational negligence at the Hancheon-si Hospital located mainly in the number of 77 in Chuncheon-do, Gangwon-do around September 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Sending a comprehensive traffic accident analysis;

1. Death certificate - D

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend, and Article 69 of the Act on the Probation, etc. of Protection, etc., were examined, and the accident of this case occurred due to the Defendant’s breach of his duty of care, and the victim’s death was serious result from the crime of this case.

However, the defendant recognizes the crime of this case and reflects it, the defendant has no record of punishment for the same crime, and the defendant's bereaved family is the victim.

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