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(영문) 서울남부지방법원 2018.02.06 2017고단5677
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 engaging in driving a rocketing car.

At around 18:30 on July 18, 2017, the Defendant, the 56 king-ro, Guro-gu, Seoul, had a road of 301 Dong-do in front of the pentan apartment 301 Dong-do, with approximately 15 km each hour from the front door to 304 Dong-do.

Since there is a road in an apartment complex and a place where pedestrians' passage is frequent, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by making it possible for the driver of the motor vehicle to drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and went on the right side of the Defendant’s vehicle, and the head part of the victim C(5 years), which was cut off from the kick, was turned off from the kick, and served as the front wheels part of the Defendant’s car operation.

Ultimately, at around 18:53 of the same day, the Defendant caused the victim’s death by occupational negligence, from the hospital of Korea University Medical Center in Guro-gu Seoul Metropolitan Government, Guro-ro, Dongro-ro, 148, two to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes, such as a traffic accident investigation report, death report, scene photograph of accident, autopsy report, investigation report (to make a statement by a stude telephone and secure a suspect stude image of a vehicle), and a traffic accident analysis report;

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 of the suspended sentence and the apartment complex where pedestrians frequent, resulting in an accident by neglecting the duty of care on the road in which pedestrians frequent, thereby causing a serious consequence of the death of the victim, instead of undermining the Defendant’s negligence.

However, the victim seems to have been on the right side of the vehicle in progress, and the victim seems to have been on the kickboard.

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