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(영문) 서울북부지방법원 2019.03.28 2019고단323
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a motor vehicle B.

On October 29, 2018, the Defendant driven the above car on October 16:13, 2018, while driving a four-lane road in front of Seongbuk-gu Seoul Metropolitan Government, one lane from the end of the life-distance to D to the end of about 80km each hour.

At this point, it is a road with a speed of 50 km per hour as a children protection zone, and thus, a driver has a duty of care to comply with the speed limit and accurately manipulate the steering system and brake system of the vehicle and prevent accidents in advance.

Nevertheless, the defendant neglected this and found the victim E (the age 82) who crosses the road to the right side from the left side of the running direction of the defendant's driver's vehicle due to the negligence of driving more than 30 km speed at a speed of 30 km per hour, and operated it rapidly, but the defendant did not avoid it, but did not go beyond the road by receiving the victim from the left side of the front driver's vehicle.

Ultimately, around October 30, 2018, around 05:23, the Defendant caused the victim's death by the occupational negligence as seen above, in the G Hospital located in Seongbuk-gu Seoul Metropolitan Government F, due to diversous shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A traffic accident report;

1. An analysis of each traffic accident;

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 selection of

1. The defendant with reason for sentencing under Article 62(1) of the Criminal Act is driving a motor vehicle in excess of the sentencing.

Since a traffic accident causes the death of the victim, it is necessary to punish the victim accordingly.

However, the defendant has divided his mistake into one another, and is against himself, and there is no record of criminal punishment in addition to a fine for one time. The elderly victim is the victim.

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