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(영문) 서울북부지방법원 2018.02.01 2017고단5451

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional car.

On July 22, 2017, at around 12:10, the Defendant, on the back side of the Dong-Jak apartment of Dobong-gu Seoul, Dobong-gu, Seoul, 32 Do-ro 67, the Do-ro 38 Do-ro Do-ro 38 Do-ro Do-ro.

It is a place that is not divided into a sidewalk and a roadway, and there was a dyphn vehicle parked on the right side, and there was a prior parking of Eone Star Cargo, and the victim F (56 years old) was the left side, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering direction and brake system by properly examining the front side.

Nevertheless, the Defendant neglected this and continued to proceed in the future while shocking the above Avis-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by multiple prolonged damage while receiving treatment at the “Indonese Hospital at Human University” located in Seoul Special Metropolitan City, Nowon-gu, at around 15:29 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Written response to a request for appraisal and EDR analysis;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of each accident video CD (Evidence 60 pages, 107 pages) statute;

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 the selection of imprisonment without prison labor;

1. The suspended sentence of Article 62(1) of the Criminal Act focuses on the negligence that failed to properly operate the accelerator and the accelerator for the reason of sentencing, this is the death of the victim, the victim has no record of other crimes except once of the fine in 2001, and the motor vehicle comprehensive insurance.