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(영문) 서울동부지방법원 2018.11.14 2018고단3065

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle B.

On July 10, 2018, the Defendant driven the above car at around 10:30, and moved to the intersection of the ecological park at the 1291-dong ecological park at the seat of Gangdong-gu Seoul, Seoul, along with four lanes from the upstream of the veterans hospital to the IC on the first day.

Since there is a large crossing where a signal, etc. is installed, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle, accurately operate the steering system, etc. of a motor vehicle, and safely proceed according to the new code.

Nevertheless, the defendant neglected this and proceeded without stopping the pedestrian crossing, and the victim C (77 tax) who crosses the road from the right side of the crosswalk in accordance with the green signals of the crosswalk in the right side of the crosswalk.

Ultimately, around July 21, 2018, the Defendant caused the victim to die due to cerebral cerebrovassis at the Gandong-dong University Hospital located in Gangdong-gu Seoul Metropolitan Government 892, Nam-dong-ro, Gangdong-gu, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police (1, 2, and 3 times);

1. A death certificate;

1. A survey report on actual conditions;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Penalty provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Imprisonment without prison labor)

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Social service, etc.: Reasons for sentencing [the types of general traffic accidents] [the grounds for sentencing of Article 62-2 of the Criminal Act] 2 types of general traffic accidents [the person subject to special sentencing] [the grounds for agreement] mitigation area [the recommended area, right height] mitigation area], April-1 year [the general sentencing person] mitigation element (the general insurance, beginning crime] [the grounds for suspended execution] - Major reasons for mitigation: negative (the cases where illegality in the proviso of Article 3(2) of the Act of Special Cases of Death and School: death and school traffic special cases is heavy): positive (the affirmative agreement, the first crime) - The reasons for general consideration are negative (no serious reflection).