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(영문) 의정부지방법원 2018.05.25 2018고단965

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On November 26, 2017, the Defendant driving the above cargo vehicle around 14:49, and driving the two-lanes of the two-way road in front C at both weeks, along the two-lanes from the Seoul Saduk-gu Factory to the Saduk-gu Park, the Defendant turned to the right direction in the parallel parallel direction.

A person engaged in driving of motor vehicles has a duty of care to drive motor vehicles safely through thorough operation of the steering direction and brake system of motor vehicles.

Nevertheless, the Defendant neglected this and neglected the victim D(4), which was in front of the direction of the Defendant’s running, was taken as the front part of the Defendant’s driving freight, and served as the wheels.

Ultimately, on November 28, 2017, the Defendant caused the above victim by occupational negligence to die with a multiple long-term vision at the government-specific mother hospital of the Sincheon-ro 271(Yodong) located in the Gicheon-ro 271 (Yodong).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on internal investigation (attaching images of an accident);

1. An accident scene photograph;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend, is committed by the Defendant’s negligence, such as a violation of the duty of care at the front direction while driving a vehicle and driving the vehicle, resulting in death.

However, the result of the crime of this case is serious, since the victim died due to the crime of this case.

However, the defendant recognizes all of the crimes of this case.