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(영문) 서울남부지방법원 2018.05.24 2018고단1669
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment 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 engaged in driving B truck.

On March 15, 2018, the Defendant driven the above truck on March 15, 2018, and continued the front road of Yeongdeungpo-gu Seoul Metropolitan Government C with the view to the shooting distance of forests from the slope of the high-priced roadway of the new Do road.

At the time, the speed of the vehicle is at night, and its limit is 50 km speed, so there was a duty of care to comply with the speed limit and to prevent the accident in advance by driving the vehicle in a safe manner by checking the front side and the right and the right and the right.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 79 km in speed exceeding the speed limit without neglecting it, and caused the victim D (W, 32 ) who illegally crossed from the left side of the running direction of the Defendant without permission to the right side, to the front part of the truck drivened by the Defendant.

Ultimately, around 00:50 on March 16, 2018, the Defendant caused the victim by occupational negligence to die with low-blood shocks caused by the cryp cryp fry and long-term damage at the hospital of the Korea University Medical Center located in Guro-gu, Guro-gu, Seoul, Guro-gu, Seoul, and 148.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographss and photographs at the scene of accidents by cutting a black stuff image;

1. Reports on internal accidents and road photographs at the scene of accidents;

1. Responses to traffic accident analysis;

1. Blue boxes and video CDs;

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 Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture and the Order of Community Service [the scope of recommended punishment] When the victim is negligent in causing traffic accidents or expanding damage (a person with a special mitigation) even for the victim (a person with a special mitigation for April to one year) in the mitigated area (a person with a special mitigation for one year).

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