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(영문) 서울서부지방법원 2018.09.20 2018고단2279
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 Bchip car.

On March 20, 2018, the Defendant driven the above vehicle on March 19:25, 2018, and proceeded at a speed of about 60 km per hour among the two lanes in the speed of the Si/Do, one lane in accordance with the speed of 30 km in the middle of the strengthening Eup of Incheon, the 253-1, the center of the strengthening Eup of Incheon.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to keeping the right and the right well.

Nevertheless, the Defendant neglected to do so and proceeded without permission on the right side of the Defendant’s vehicle, and received the victim C(73 tax) in front of the Defendant’s vehicle.

As a result, the Defendant caused the death of the said victim by occupational negligence at the Acheon-ro Hospital, which was located in 21 774, Namdong-gu, Incheon, Namdong-gu, Seoul, on April 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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 punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution: (b) the fact that vehicles are covered by a comprehensive motor vehicle insurance; (c) the fact that the victim has agreed with his/her bereaved family members; (d) the fact that the victim without permission appears to have been negligent in the occurrence of an accident; and (

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