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(영문) 서울남부지방법원 2018.11.06 2018고단4342

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 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 the operation of the Category B mining groundr.

On July 3, 2018, the Defendant operated the above digging rangeer around 14:05 on July 3, 2018, and continued to turn to the left at the 2nd dong community service center located in the city as Geumcheon-gu Seoul Metropolitan Government.

In this case, the above place is an intersection with no signal, and in the vicinity of the residential area, the driver of the construction machinery has a duty of care to live well on the front side and the right and the right, and safely proceed.

Nevertheless, the Defendant did not discover the victim C (W, 82) who walked in the direction of the operation of the above excavation season due to negligence on the front side and the left side side side side, and did so to go beyond the road by shocking the damaged person with the front side of the excavation season, and followed the victim's right side, and followed the right side and the bridge with the rear wheels.

Ultimately, around 10:17 on July 5, 2018, the Defendant caused the victim’s death by occupational negligence, which was being treated by the second-class patient room in Guro-gu Seoul Metropolitanro Hospital, and caused the victim’s death by a multi-life long-term corrosion.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. CCTV video CDs;

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 Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents), the mitigation area (4-1 year from April to one year), [including specially mitigated persons] a punishment non-exclusive commissioner (including efforts to recover damage), and the result of the accident is significant and the defendant's fault is not somewhat weak.

However, the victim's bereaved family members (sons) want to use the defendant with the power of this religion, and the defendant violated the Military Service Act.