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(영문) 서울서부지방법원 2017.07.06 2017고단933

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B cargo vehicles.

On November 29, 2016, around 10:40 on November 29, 2016, the Defendant driven the above cargo vehicle by driving the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul along the three-lanes from the scarcity to the scar.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system and steering gear.

Nevertheless, the Defendant neglected this and proceeded on the right and the right and the right and the right and the right and right and the part of the body of the victim D (W, 78 years old) crossing the road from the left side of the said cargo vehicle was shocked by the front part of the said cargo vehicle.

The Defendant caused the death of the victim due to the above occupational negligence due to the diversified long-term damage, etc. in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to death certificates;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] is that there is considerable fault in the occurrence of traffic accidents or the expansion of damage even to the victim [the specially mitigated person] [the defendant]'s negligence in the scope of mitigation area (the special mitigated person] [the decision of sentence] the defendant was shocked by negligence that caused the victim's death, which is disadvantageous to the defendant.

However, the defendant recognized the crime of this case, the defendant has no record of punishment except for the same crime of which punishment was imposed in 1989, and the defendant crosses the road without permission between the vehicles where the victim stopped.