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(영문) 서울남부지방법원 2018.04.19 2017고단6270
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of a sentence shall be suspended for a period of three 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 DNA car.

On October 31, 2017, the Defendant driven the above vehicle at around 18:05, and moved to the left at the right turn after opening 123-ro 123 of the Gu-ro Seoul Metropolitan City, Guro-gu, and driving a gold-style distance from the south side to the south side, and driving it at the one-lane between the two-lanes.

Since there is a traffic sign to the left-hand turn, the driver of the motor vehicle has a duty of care to make a safe turn to the left in accordance with green signals.

Nevertheless, the defendant neglected this and caused the victim E (71) who was a pedestrian crossing to the right side from the left side of the defendant's car by the negligence of left-hand turn, to go beyond the above victim's road. The victim E (71) driven the bicycle driving on the right side of the defendant's car to go beyond the front side of the driver's car.

Ultimately, around November 2, 2017, around 08:46, the Defendant caused the death of the victim due to the above occupational negligence at the Guro-gu Seoul National University Medical Center Hospital, Guro-ro, Seoul, Guro-ro, 148, resulting in the death of the victim with brain cerebral cerebralop from severe brain death.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident investigation report, a traffic accident occurrence report, and a written statement on the occurrence of a traffic accident;

1. Photographss, black stuff images, and CCTV images;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Not more than five years of imprisonment without prison labor, the range of punishment of which is imposed;

1. The sentencing guidelines [the range of recommended punishment] the basic area (from August to two years) (including special mitigation factors) for the types of general traffic accidents (the scope of recommended punishment) (including serious efforts to recover damage).

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