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(영문) 서울남부지방법원 2018.10.11 2018고단4040
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2018, the Defendant driven a Bwing-III vehicle around 15:50 on July 15, 2018, and moved the road of 7 lanes in front of Geumcheon-gu Seoul Metropolitan Government C at a speed of about 40km at a speed of about 7km from the tri-distance bank at the entrance of a gold-requesting bank to the Si-Yung-gu intersection.

At the time, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle, after checking whether there is a person who gets to drive the motor vehicle by reducing the speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and found the victim D (W, 86) who cross the crosswalk from the right side of the Defendant’s vehicle to the left side in accordance with the pedestrian signals due to the negligence of moving it to the right side of the Defendant’s vehicle. However, it was immediately operated to avoid this, but the Defendant did not avoid it, but went beyond the floor by receiving the left side part of the victim’s vehicle from the front side of the Defendant’s vehicle.

Ultimately, around July 10, 2018, around 20:32, the Defendant caused the victim’s death by the occupational negligence as seen above, from both sides, dubs, and dubsing down the bals of both sides at the Hangnam-gu Hospital of Yeongdeungpo-gu, Seoul to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. CCTV 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 community service order [the scope of the recommended punishment] The ground for sentencing under Article 62-2 of the Social Service Order Act [the scope of the recommended punishment] the mitigated area (4 months to 1 year), [the person with special mitigation] the punishment is not imposed (including the efforts taken to recover damage] [the decision of sentencing], and the accident occurred while driving in violation of crosswalk signal, and the defendant's negligence results in the accident.

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