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(영문) 서울동부지방법원 2018.08.23 2018고단2045
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of C New Tour Co., Ltd., which is owned by Gangseo Tourism Tour Co., Ltd.

On 13:25 on 01. 02. 01. 02. 13:25, the Defendant began to stop in the direction of the children large park at the direction of the city park.

In such cases, the driver of a vehicle shall accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive the vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the vehicle, and even though the defendant has an occupational duty of care to safely report the traffic conditions on the front side and the right side and prevent accidents in advance, he neglected to do so and proceed without confirming the right side, and the victim E ( South, 76 years old) crossing the road along the crosswalk from the right side of the road driving direction of the defendant was turned back to the right side of the road.

As a result, the Defendant, while driving a motor vehicle on duty, caused the victim to die on March 21, 2018 due to negligence in the accident and caused the victim to suffer from pulmonary blood death during treatment due to the alley of the upper part of the flasium.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Report on a traffic accident, report on internal investigation (the details of the report and the black stuff);

1. The application of Acts and subordinate statutes to medical certificates, death certificates, and opinions;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that an agreement is made with the bereaved family members of the victim, that the defendant has no record of exceeding the fine, that the last record was around 1998, that is against the depth of the sentence);

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