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(영문) 서울중앙지방법원 2017.02.03 2016고단8863

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment 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 engaged in driving a truck truck truck vehicle B.

On July 15, 2016, the Defendant driven the above cargo vehicle around 10:25, and moved to the C (78 years old) in front of 1734-1 Emp from the direction of the Silan Hospital to the Silan City. On the other hand, the Defendant was negligent in proceeding without closely examining the front side and the left side while the crosswalk signal is green, and the Defendant continued to go beyond the floor by collisioning the victim C (78 years old) who gets a bicycle on the left side of the Defendant’s right side with the cargo vehicle, and continued to go back with the victim’s head and body body with the back side of the cargo vehicle.

Ultimately, the Defendant caused the death of a victimized person due to the above occupational negligence, such as cerebral dypulverization, flaveration, etc., and pulmonary dypule, on-site death.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A photo at the scene of an accident (the No. 2, 5 of the evidence list);

1. Bluice stuff photographs, black stuffs video CDs;

1. Application of Acts and subordinate statutes to dead bodies;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year) (the period from April to one year) and the punishment is not imposed (including the serious efforts to recover damage);

2. The Defendant’s decision on the sentence did not properly examine the movement of pedestrians around the crosswalk while driving a large truck, resulting in the occurrence of a traffic accident, and the Defendant’s negligence was not less severe, and the victim died due to the traffic accident.

On the other hand, it is considered that the victim's bereaved family does not want the punishment in agreement with the victim's bereaved family members.

(2).