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(영문) 서울북부지방법원 2018.02.08 2017고단5661
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a C-Scar.

On October 20, 2017, the Defendant driving the above car around 06:20, and driving the two-lane road in front of Seongbuk-gu Seoul, Seongbuk-do along the two-lanes in front of Seongbuk-gu, Seoul, at a pharmacy room, the Gottju, at a speed of about 56.5 kilometers per hour, depending on the backside.

At the time, the road was set up with a new wall, and the crosswalk was installed on the front door, so there was a duty of care to prevent accidents by driving a motor vehicle driving person safely by viewing the front door as well as by safely examining whether there is a pedestrian.

Nevertheless, the Defendant neglected this and caused the injured party to go beyond the road by taking out the injured party F, who was a victim F, who was standing on the left side of the crosswalk on the right side of the course due to negligence, with the Defendant driving the 74 years old.

Ultimately, around October 20, 2017, around 09:17, the Defendant caused the victim to die due to the above occupational negligence, such as the 73 degree of relationship in Seongbuk-gu Seoul, and the Maumo Hospital in Korea University Medical Center, during the treatment, the blood mouth and low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report-site investigation report, photographs, etc. of accident scene, death diagnosis report, and statutes applicable to autopsy protocol;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended execution under Article 62(1) arises. Nevertheless, considering the fact that there is a serious result of the death of the victim of the instant accident, the fact that there is no agreement with the bereaved family members of the victim, etc., the defendant recognized the crime of the instant case and reflects the mistake, and it appears that the unauthorized crossing of the victim would have an impact on the occurrence of the instant accident, and the vehicle

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