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(영문) 서울동부지방법원 2017.02.09 2016고단4373

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Csch Rexton car.

On November 11, 2016, the Defendant driven the above car at around 21:50 on November 21, 2016, and was later disabled in the front report of the E pharmacy located in Seongdong-gu Seoul Metropolitan Government D.

Since a sidewalk has been installed to allow pedestrians to walk along a road divided into a sidewalk and a roadway, there was a duty of care to ensure that drivers of motor vehicles should pass along the roadway on the road divided into a sidewalk and a roadway and not drive the sidewalk.

Nevertheless, when the defendant drives a vehicle by neglecting his/her duty while driving the sidewalk, he/she received the victim F (47 years old) and the victim G (56 years old) who was waiting for the crosswalk signal from the Roman Report as the back part of the motor vehicle for the defendant's driving.

Ultimately, the Defendant caused the victim’s injury, such as 4,5,7 cage cage cages, etc., which requires approximately four weeks of medical treatment to F due to such occupational negligence, and the victim G, who was receiving a transmission treatment around November 12:3, 2016, the victim G, which was located in Yyang-dong, Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to on-site photographs, death certificates, postmortem records, and diagnostic certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. According to Article 62(1) of the Criminal Act, a sentence of imprisonment without prison labor shall be selected by taking into account the following facts: (a) one victim is dead and one person suffers an unexpected injury; and (b) the degree of negligence of the defendant is not easy; (c) prior to the instant case, one person was subject to a relatively minor fine and a stay of execution.