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(영문) 서울북부지방법원 2018.07.26 2018고단1846
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of K5 cars.

On March 11, 2018, the Defendant driven the above vehicle at around 21:30, and 245, Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, was to turn to the left to the left in order to find a parking place on the front of 106 light apartment site.

In such a case, a person engaged in driving duty has a duty to take the front and left left and left well, and to accurately manipulate the steering gear and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and got the victim C ( South, 49 years old) coming from the front side of the direction of the proceeding due to the negligent negligence of the Defendant, and received the part of the victim's right-hand bridge in front of the left side of the vehicle of the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on March 22, 2018, at the Ganju University’s middle-patient’s college, 164, Young-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, 164, resulting in the death of the victim as brain livers.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate;

1. Application of Acts and subordinate statutes by cutting down the major surface of shock;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), and 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 person subject to special mitigation] [the person subject to special mitigation] who is not subject to punishment (including efforts to recover from damage] [the decision of sentence] the defendant's violation of the Defendant's duty of care in the front time, resulting in the death of the victim. The result is very significant.

The victim is 40 people's age, and only walk along the apartment complex at the time of the accident, and even though it is difficult to find different negligence, it is not easy to prohibit the defendant from hiding with his care.

If the defendant paid a little attention, he/she is at a stimulative end.

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