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(영문) 서울서부지방법원 2018.03.22 2017고단3686
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car at CV.

On September 9, 2017, around 08:56, the Defendant driven the No.S. Around 08:56, and proceeded with a one-lane road in front of the red nivep gate 152, a road located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with a speed of about 70km toward the long distance.

It is a road with a speed of 40km per hour and a crosswalk is installed on the front side. In such a case, there was a duty of care to check whether a person engaged in driving service complies with the speed limit and sees well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected this and proceeded with a speed exceeding about 30 km per hour by negligence, which led to the victim D (96) who passed the crosswalk installed in the bend bank at the bend bank, as the front part of the motor vehicle in the fourth city.

Ultimately, the Defendant suffered injury to the victim, such as external wound transfusion, due to the foregoing occupational negligence, and caused the death at the school of the Japanese generation, which was 50-1, Seoul Seodaemun-gu, Seoul, and the Sick Hospital C of the University C. Sick’s Hospital, which was 50-1, around November 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of bereaved family members;

1. A traffic accident report;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to death certificates and opinions;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) that does not want the punishment of a defendant by mutual consent with the bereaved family members of the victim, taking into account all of the sentencing conditions in the instant case, such as the fact that the defendant is not subject to punishment, the fact that the motor vehicle comprehensive insurance is purchased, the first offender

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