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(영문) 서울중앙지방법원 2018.06.20 2018고단2560

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a KS5 vehicle.

On January 20, 2017, the Defendant driven the above car at around 18:10, and driven the three-lane road in front of the Seoul Special Metropolitan City Gwanak-gu, Seoul Special Metropolitan City, along the two-lanes from the intersection at the entrance of the modern market to the shooting distance from salary-ro.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate steering devices, brakes, and other devices and to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant neglected this and operated the Victim G (the age of 84) that crosses the road to the right side from the left side of the proceeding due to the negligence of the Defendant’s negligence, and delayed reporting the victim G (the age of 84) to the right side. However, the Defendant did not avoid the situation, and had the victim receive the part of the victim’s bridge in front of the above K5 vehicle, and had the victim go beyond the road. Accordingly, the victim died due to the cause, such as the dystrokes of the dystroke in Seoul, Dongjak-gu Seoul on the same day, which was being treated by the I Hospital located in the Dongjak-gu Seoul Metropolitan Government H on the same day.

Accordingly, the Defendant driven the above K5 car by occupational negligence and caused the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement made by the police to J;

1. Investigation report (on-site investigation and confirmation of CCTV re-verification);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. In full view of all the sentencing conditions, including the fact that the crime of sentencing under Article 62(1) of the Act on the Suspension of Execution is recognized and reflected in the crime of sentencing, the fact that the victim has violated the signal signal in the vicinity of the crosswalks, and the fact that the victim is covered by the comprehensive motor vehicle insurance and agreed with the victim, the punishment as ordered shall be determined as