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(영문) 서울중앙지방법원 2018.04.25 2018고단1265

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 a cargo vehicle of H and 31 ton.

On January 4, 2018, the Defendant turned back the back road near Dongjak-gu Seoul Metropolitan Government I at an insular speed.

In this case, the defendant has a duty of care to accurately operate the steering system, brakes, etc. of vehicles by examining the traffic conditions of the road, and in particular, when intending to go back, he/she has a duty of care to prevent accidents by putting up an assistant or thoroughly putting up the rear.

Nevertheless, the Defendant neglected this and failed to discover the J (the age of 81) of the Defendant’s vehicle that pusheds the front side of the Defendant’s vehicle and walked on the rear side by negligence when the Defendant neglected to do so, and caused the damaged person to go beyond the road, and the head of the vehicle was faced with the road by shocking the damaged person on the loaded part of the Defendant vehicle.

Ultimately, the defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to ctv course for crime prevention;

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 a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents Act / [2 months to one year] / [Special mitigated Persons] / [including efforts to recover damage] / The decision of sentence] / The decision of sentence / The comprehensive motor vehicle insurance is subscribed to a motor vehicle insurance and the injured party is not subject to the defendant's punishment due to agreement with the injured party, and there is no special criminal conviction except for a minor fine, the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc. are considered as a whole.