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(영문) 서울남부지방법원 2017.03.30 2016고단5941

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment 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 CPoter II freight vehicles.

On October 30, 2016, the Defendant driven the above cargo vehicle at the speed of 13:05, while driving at the speed of 4 lanes in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, along the speed of 4 lanes from the scopic distance to the scopic intersection of Siung-gu.

Since there is a cross-section with signal apparatus, there was a duty of care for a person engaged in driving of a motor vehicle to observe the signal and drive the motor vehicle safely.

Nevertheless, the Defendant, in violation of the suspension signal, brought the right side of the FVF-125 Otoba, which was driven by the victim E (VF-125) who was driven by the signals from the jurisdiction of the office of Geumcheon-gu, Geumcheon apartment by a direct fault in violation of this signal, was shocked into the front side of the freight of the Defendant.

As a result, the Defendant caused the victim to die due to the above occupational negligence at the emergency room of the Gangnam-gu Seoul Metropolitan University, Yeongdeungpo-gu, Seoul, to the death of the victim due to the severe damage caused by the death of the victim at around 14:06 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) [the person subject to special mitigation] [the decision of sentence] the punishment non-won (including the person subject to special mitigation] [the decision of sentence] the defendant for 2 years of suspended sentence of October and 80 hours of imprisonment without prison labor for the 10-year community service as well as 10-hours in depth for the crime of this case, and for the reasons above, such as the first offender and the first offender.