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(영문) 서울북부지방법원 2018.12.13 2018고단3952
교통사고처리특례법위반(치사)
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Defendant shall be punished by imprisonment without prison labor for one year.

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 Bmerc truck truck truck trucks.

On June 22, 2018, at around 23:35, the Defendant driven the above cargo vehicle in front of the Seoul Dongdaemun-gu Seoul market, and got left-hand turn to the said C market while driving in the direction of the C market heading in the direction of the C market along the three-lanes.

In that case, since the center line has been installed at that place, there was a duty of care to prevent traffic accidents in advance by making the left turn to the left at a place where the left turn can be left without breaking the center line.

Nevertheless, the defendant neglected this and neglected to turn to the left at the center of the center, and caused the victim's head to go beyond the front part of the defendant's freight vehicle by taking over the part above the left part of the victim's D(29) E driving, which was proceeding to the opposite part of the defendant's moving direction, from the defendant's opposite part of the defendant's moving direction.

Ultimately, the Defendant caused the death of the victim by the above negligence, resulting in the death of the victim by the two alleys of open space.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the F;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. On-site CCTV CDs (the Defendant’s head was not overfashed by the victim’s head, but the Defendant’s head was sufficiently recognized according to the video of the above CDs.)

1. Application of the Act and subordinate statutes on site photographs, dead photographs, and vehicle photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. The community service order under Article 62-2 of the Criminal Act

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