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(영문) 서울북부지방법원 2017.07.20 2017고단2294
교통사고처리특례법위반(치사)등
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On March 13, 2017, the Defendant driven the above car at around 05:25 on March 13, 2017, and proceeded along the two-lanes from the sloping-gu Seoul Southern-gu D, to the tunnel of Solargy, and became left left the right at the intersection.

Since there is a left-hand turn sign at all places, there is a duty of care to prevent accidents in advance by driving safely pursuant to the new subparagraph, such as making a left-hand turn to the driver of the vehicle in such cases.

Nevertheless, the Defendant neglected this and received the front part of the victim E (20 cc driving) driving Fuz125 cc, which was straight from the direction of the scambal distance from the direction of the scambal, by negligence of making a left-hand turn at the red scam, as the front part of the car in front of the Defendant driving.

Ultimately, the Defendant caused the death of the victim E due to the above occupational negligence, i.e., the victim G (19 years old) who was on the back seat of the above Obama, suffered injury (S06.50) from the victim G (19 years old) who had been on the back seat of the above Obama, without any external blood transfusion and any open address for about eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A survey report on actual conditions;

1. A death certificate and a written report of autopsy;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 40 and Article 50 of the Criminal Act, Article 50 of the Criminal Act, and Article 50 of the Act on the Selection of Punishment for the Defendant’s Reasons for the punishment of imprisonment without prison labor, do not have any history of criminal punishment exceeding the fine, which requires continuous pharmacologic treatment upon the extension of transplant, the victim E caused the instant accident while serving in violation of signal while driving in the state, and the injury was aggravated due to the failure to wear the safety mother properly, and the Defendant subscribed to a motor vehicle comprehensive insurance.

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