(영문) 서울북부지방법원 2018.04.26 2018고단579

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(영문) 서울북부지방법원 2018.04.26 2018고단579

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On December 7, 2017, the Defendant driven the above car at a speed of about 50km per hour from the south side of the rock company to the south side of the rock company, and driven the car at a speed of about 10km per hour at the speed of about 50km in accordance with one lane from the south side of the rock company.

At that time, it was night, and there was a road where the passage of vehicles and pedestrians was frequent in the vicinity of apartment complex, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system of the vehicle while living well on the front side and the left side of the vehicle.

Nevertheless, the Defendant did not discover the victim D(67) near the median line in order to cross the road without permission due to negligence while neglecting this, and did not discover the victim D(67) and had the victim go beyond the road on the left side of the motor vehicle of the Defendant driving.

Ultimately, around December 16, 2017, the Defendant caused the death of the victim due to brain cerebrovascular in the course of receiving treatment from the F Hospital located in Gangdong-gu Seoul, Gangdong-gu, Seoul at around 20:56.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. The relevant legal provision regarding criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, and the reason for sentencing of imprisonment without prison labor in the event of sentencing one time a fine is imposed in 2005

After sunset, while the victim unclaimedly crosses the road of the two-lanes of the drones from the right side to the left side, the victim is on the left side of the one-lane where the defendant was driving.

In addition, the defendant is the light of the vehicle that is proceeding in the opposite direction.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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