beta
(영문) 서울중앙지방법원 2017.09.05 2017고단4120

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 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 of a G high-class cargo vehicle.

On January 3, 2017, the Defendant driven the above cargo vehicle around 18:10 and proceeded with one lane of the three-lanes in front of the Gwanak-gu Seoul Special Metropolitan City H in the middle distance from the original teacher distance.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle at a speed or in a manner that may cause any danger or impediment to others, depending on the road traffic situation and the structure and performance of the motor vehicle, and has the duty of care to safely drive the steering gear, brakes, and other devices of the motor vehicle by reducing speed and closely examining the right and the right and the right of the motor vehicle, and to prevent the accident by accurately manipulating the steering gear, brakes, and

Nevertheless, the defendant did not find out the victim I (75 tax) who was crossing the above road to the port from the right side of the above cargo vehicle due to negligence while neglecting the above duty of care, and received the victim in front of the above cargo vehicle.

Accordingly, the defendant caused the victim to die with cerebral cerebrovascular in Seoul Bola Hospital located in 20-ro 5-gil, Dongjak-gu, Seoul, which was under medical treatment after around 18:29 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. 교통사고 보고⑴⑵( 실황 조사서)

1. A report on internal investigation (to peruse CCTV images at the scene of an accident);

1. A criminal investigation report (CCTV image analysis report);

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

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

1. It shall be decided as ordered on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the full agreement with the victim's bereaved family members).