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(영문) 서울북부지방법원 2017.12.14 2017고단4527
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 engaging in driving C concrete mixed trucks.

On August 31, 2017, the Defendant driven the above truck on or around 14:33, while driving the one lane between the two lanes in front of Seongbuk-gu Seoul, Seongbuk-do, Seoul, at a speed of 30 kilometers per hour from the surface of the Sastro distance to the surface of the street. The Defendant changed the lanes to the two lanes.

Since other vehicles were in progress in the two-lanes at the time, there was a duty of care to make changes in the two-lanes by operating direction direction when a person engaged in driving a motor vehicle changes the vehicle, giving prior notice of change of course and considering the situation of traffic on the right and the right and the right and right well.

Nevertheless, the defendant neglected this and operated the victim E (76 tax) who was placed in the two lanes due to the negligence of changing the two lanes from the first lane to the second lane.

FTL 10 parts of the back of the FTL 10-wheeled vehicle were charged with the front and rear wheels of the victim's head, which was driven by the defendant, to the front and rear wheels of the vehicle's operation.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., a multi-faceted salone and external wounds from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, black stuffs image photographs, body autopsy records, and autopsy records;

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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) include the following: (a) the occurrence of the instant accident results in the serious consequence of the victim’s death; and (b) the degree of the Defendant’s breach of duty of care in the occurrence of the instant accident is not less and less than that of the Defendant; (c) the Defendant recognized the instant criminal facts and reflected the mistake; and (d)

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