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(영문) 서울중앙지방법원 2017.06.21 2017고단2029

교통사고처리특례법위반(치사)

Text

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

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 DM5 car.

On February 24, 2017, the Defendant driven the above car at around 10:45, and led the front intersection of Dongjak-gu Seoul Metropolitan Government E to turn to the left at about 10km from the direction of the opposite market.

It is a side road with no signal lights or car lanes and has frequent traffic of pedestrians. Therefore, there was a duty of care to check whether a person engaged in driving a motor vehicle has passed the way to reduce speed and to check the right and the right and the right of the motor vehicle and to prevent accidents in advance by safely making a left-hand turn.

Nevertheless, the defendant did not discover the victim F (75 years old) who was coming from the opposite direction of the defendant's driver's car by negligence and left the left without neglecting this, and had the victim's bridge part above the left side of the driver's car go beyond the ground.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence in the emergency room of the Seoul Boan City Hospital located in 20-ro 5-ro, Dongjak-gu, Seoul, where the Defendant was under treatment after the transmission on February 24, 2017, due to the occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A photograph at the scene of an accident, a photo of a black stuff, and a photograph of a photograph of a screen image;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) [the person subject to special mitigation] / [the person subject to special mitigation] / [including efforts to recover damage] / The decision of sentence / The victim is not subject to punishment due to agreement with the victim, and the victim is the first offender.