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(영문) 서울중앙지방법원 2018.01.17 2017고단7975

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 freight cars B. A.

On October 17, 2017, the Defendant driven an above cargo vehicle on October 17, 2017, and proceeded along the crosswalk in the direction of the long distance from the surface of the bathing beach located in the luminous-dong of Busan, the Defendant driven the above cargo vehicle along the road in the direction of the long distance from the surface of the beach located in the luminous-dong of Busan.

Since there is a crosswalk in which signal lights are installed on the front door, it was well aware that there is a person who gets on a crosswalk by reducing the speed and by properly examining the right and the right of the road, and there was a duty of care to safely drive the crosswalk in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim to go beyond the road by neglecting the road driving signal, and neglecting it and neglecting it, and neglecting it and neglecting it, and neglecting it to the right side of the proceeding direction, and neglecting the body side of the victim C(W, 82 years old) to the front part of the defendant's vehicle.

around 10:56 October 17, 2017, the Defendant caused the victim's death by occupational negligence, from the Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan, to the low volume shock from the surgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. A written statement of occurrence of a traffic accident prepared C;

1. Reports on traffic accidents (1), (2) and reports on occurrence of traffic accidents;

1. A written diagnosis of death against C;

1. Application of Acts and subordinate statutes to photographs taken on the scene of an accident (No. 9 times a moment);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor (limited to the occurrence of a serious result of the death of a victim, taking into account circumstances where the degree of violation of the duty of care of a defendant is serious);

1. Article 62(1) of the Criminal Act (the defendant.)