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(영문) 서울남부지방법원 2018.08.14 2018고단2943
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 drives B's low-income cars.

On October 13, 2017, the Defendant driving the above vehicle around 17:00, and continued the front road of Yangcheon-gu Seoul Metropolitan Government from D Apartment E-dong to the basin of Yangcheon-gu Office.

Since the place is where crosswalks are installed on the front side, the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the road by reducing speed and by properly examining the front side and the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected to stand the crosswalk from the right side of the defendant's running in the course to the left side by negligence of the defendant's failure, which led to a shock of the victim F (W, 85) to the front part of the passenger car driving by the defendant.

Ultimately, around October 13, 2017, around 22:58, the Defendant caused the victim’s death by occupational negligence, from H hospital located in Yangcheon-gu Seoul Metropolitan Government G, to the brain side.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on internal investigation, report on internal investigation (Visits to the scene of accident), and report on internal investigation (the photograph of the vehicle involved in accident);

1. CCTV images for crime prevention;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general traffic accidents (the person subject to special mitigation) [Article 2(1) of the mitigated area (the person subject to special mitigation from April to one year] [including efforts to recover damage] the Defendant’s failure to stop in front of the crosswalk and driving the vehicle at the same speed at the same time without stopping in front of the crosswalk [the sentence] Defendant’s failure to stop in front of the crosswalk, thereby causing the Defendant’s negligence to cause the death, and ultimately resulting in the Defendant’s death.

(b).

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