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(영문) 서울중앙지방법원 2018.01.18 2017고단7876
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

around 01:50 on September 29, 2017, the Defendant was a person engaged in driving DMW car and continued one lane (lane for bus-only) between the seven lanes in front of Gangnam-gu Seoul Metropolitan Government E-do, Seoul, with a driving distance from the Gangnam-gu, Seoul, to a narrow distance.

At the same time, since the victim F (V, 74 years old) was in walking on the front side of the above vehicle, the defendant engaged in driving of the vehicle had a duty of care to live well on the front side and to prevent the traffic accident by driving the vehicle.

Nevertheless, the above part of the victim's back portion was shocked by the negligence of neglecting this and driving the above vehicle.

On September 29, 2017, the Defendant caused the victim to die at a G hospital located in Dongjak-gu Seoul Metropolitan Government due to the cardiopulmonary suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a survey report on actual condition, scene of accident, photographs of dead bodies, and 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 suspended execution;

1. Decision on the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: The scope of recommendation [the scope of recommendation] on the grounds of sentencing guidelines for the general traffic accident [the scope of recommendation] the sentence [the person subject to special mitigation] sentenced to the mitigation area (including any effort made to recover damage), the decision on the sentence not to punish him/her (including any effort made to recover damage): The favorable circumstances: the serious reflectivity, the agreement with the bereaved family members of the victim and the non-competence of punishment; the victim has no record of excessive punishment; the result that the victim is dead;

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