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(영문) 서울북부지방법원 2018.11.29 2018고단3186

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving business B.

On July 6, 2018, the Defendant driven the above-mentioned vehicle around 18:35 on July 6, 2018, and led the Defendant to turn to the left at an irregular speed, toward the front intersection in Dobong-gu Seoul Metropolitan Government, and the rear door of the F apartment in E-section.

At the time, there is no vehicle line and no traffic signal is installed, but since many pedestrians are cross-sections between houses, there was a duty of care to check whether a person engaged in driving service has a pedestrian or not by properly examining the bank and to drive safely.

Nevertheless, while the defendant is going to turn to the left on the left side of the way, the defendant did not find out the victim G (Wing, 42 years old) who is going to walk to the same direction, and did not see the victim G (Wing, 42 years old) who is to cut to the above intersection, and the defendant shocked the damaged person into the left side of the motor vehicle on the left side of the motor vehicle, and followed the victim with the wheels and the left rear wheels of the motor vehicle.

In the end, the Defendant had the victim of the above occupational category and the actual life caused excessive blood transfusions and hearts due to the opening of the left-hand frame at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (1) (1)

1. A corpse death certificate;

1. Photographs and on-site photographs of the vehicle;

1. Application of Acts and subordinate statutes to report internal accidents (referring to the details of statements made at wooden spots and the statement made by the reporter);

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the occupational and practical intention), the reason for sentencing of imprisonment without prison labor / [the scope of recommended punishment] No person who has no person subject to special sentencing / [the judgment of sentencing] in the basic area (8 to 2 years) of the type of general traffic accident (the scope of recommended punishment / [the judgment of sentencing] of the victim's act and the result is very serious.

The victim was the great child in the first, third and fifth years of elementary school, and her husband who lost his son and her wife.