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(영문) 서울북부지방법원 2017.01.17 2016고단4588
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On August 26, 2016, around 03:32 on August 26, 2016, the Defendant, at the private distance room at the entrance of Dobong-gu Seoul Metropolitan Government, was proceeding about 59km each hour at a speed of 59km among the two-lanes.

At the time, the front door of the road was in the state of night and rain, and the front door door of the road was 30 km in its original speed. At that time, there was a milch road at the time, so it was about 24 km in the speed limit if the highest speed is reduced by 20%, and the crosswalk was installed on the front door. In such a case, the vehicle driver was obliged to pay a duty of care to safely drive the road by checking whether there was a person driving the vehicle, and complying with 24 km in the speed limit.

Nevertheless, the defendant neglected this and did not discover the victim F(49) who was crossing the crosswalk from the left side of the moving direction to the right side by the negligence that continued to run 59 km speed in front of the crosswalk, and did not go beyond the road by shocking the body part of the victim's body in front of the left side of the vehicle of the defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the emergency room of the H hospital located in the same Gu G on August 26, 2016 at around 05:32.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis and replies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. The scope of the recommendation according to the sentencing guidelines for traffic crimes for the reasons of sentencing under Article 62(1) of the Criminal Act is limited to the suspended sentence.

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