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(영문) 서울서부지방법원 2018.06.12 2018고단1075
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

The defendant is a person who is engaged in driving of D-wing 31 ton truck.

At around 18:00 on December 27, 2017, the Defendant proceeded at a speed of two lanes ahead of the F convenience point in Eunpyeong-gu Seoul, Seoul, at which it is impossible to identify the two lanes along the direction of the new section.

At that place, signal lights and crosswalks are installed on the front door, so there was a duty of care to safely drive the brakes and steering gear by reducing speed and accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and neglected to use the vehicle signal in red, and neglected to use the pedestrian signal, which is moving in green, and received the victim G (V, 68 years old) who crossed the road adjacent to the crosswalk, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of a victim who was under treatment at a university Syna Hospital at the time of the foregoing occupational negligence, such as a 50-1 annual life of Seodaemun-gu Seoul, and a brain injury on December 28, 2017, following the accident, around 06:58, on December 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of all the circumstances, such as the fact that the victim has agreed with his/her bereaved family members, the background leading to the occurrence of the instant traffic accident, the age of the accused, sexual conduct, environment, etc.

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