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(영문) 서울중앙지방법원 2017.08.22 2017고단3786

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car at C.

On March 18, 2017, the Defendant driven the above car at around 15:40 on March 18, 2017, and proceeded to turn to the left the right at a speed of about 20km in the direction of the parking lot on the back side of the zip in the 64-ro 16-gil, Gwanak-gu, Seoul Special Metropolitan City.

Since there was a narrow width and frequent side of people, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle with a duty of care to prevent accidents by safely driving the motor vehicle by making it possible to see the right and the right and the right.

Nevertheless, the defendant neglected this and did not look at the front side and the left side, and did not discover the victim D (at least 95 years of age) who walked on the left side from the right side of the defendant's course to the left side, and did not get the victim's bridge back to the front part of the defendant's driver's car, and caused the back head part to the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the F Hospital located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City due to brain pulmonary pulmonary death at around 02:20 on March 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A investigation report (Perusal of CCTV images of a building on the accident site);

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. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (i.e., the Defendant is a primary offender, the victim’s bereaved family members and the victim’s bereaved family members agreed to do so, and the facts that seem to be contradictory