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(영문) 의정부지방법원 고양지원 2018.07.06 2018고단460
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 becomes final and conclusive.

Reasons

Punishment of the crime

around 16:55 on January 4, 2018, the Defendant driven a Crodo Rober Dricker sports car, leading to a four-lane road in front of a four-lane 71.7km point (on board, free, JC's adjacent area) located in Seoyang-gu Seoul, Seoyang-gu, Seoyang-gu, Seoul along one-lane from the front side of the KJC to the front intersection.

Since there is a car-only one, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by operating the direction, etc. when changing the vehicle line, giving prior notice of change of course, keeping the traffic situation at the right and right, and safely driving the motor vehicle.

Nevertheless, the defendant did not neglect such attention, but did not properly look at the traffic situation of the latter part of the three lanes, and did not change the lanes from the first to the third lane, and did not cause the victim D(52)'s E-Track's driving, which was normally driven in the latter part of the three lanes in the margin, to have the back part of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim in the same workplace by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. On-site photographs of the accident site, suspect-to-car video CDs;

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

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, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is to cause a traffic accident resulting in the death of the victim, and the mental harm of the victim’s bereaved family members is to be considered to be great, under the unfavorable circumstances, that the instant traffic accident was caused entirely by the Defendant’s negligence;

It can not be seen, the vehicle operated by the defendant is covered by a comprehensive insurance, is agreed with the victim's bereaved family members, and is the first offender.

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