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(영문) 서울중앙지방법원 2018.04.11 2018고단404
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 duty of driving EM passenger vehicles.

On December 14, 2017, the Defendant driven the above vehicle around 19:43 on December 14, 2017, and 317, the Dobong-ro 317, Seoul Special Metropolitan City, is driving along one-lane between the three-lanes in the direction of the entrance distance of the modern market at the remote distance of the valley.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of a motor vehicle has a duty of care to safely report the traffic situation on the front

Nevertheless, the Defendant neglected to do so and neglected to do so, and did not discover the victim F (62) who was seated with the fingers on the first crosswalk of the road in which the Defendant was proceeding, and caused the damaged person to be the front part of the Defendant’s vehicle due to the negligence that was proceeding while the Defendant did not discover the victim F (62).

Accordingly, around 02:40 on December 15, 2017, the Defendant caused the victim to die with an acute cardiopulmonary pulmonary pulmonary pulmonary pulmonary pulmonary mar in Seoul Special Metropolitan City (H hospital located in Gwanak-gu) due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A traffic accident report;

1. On-site photographs and images of suspect vehicle booms images;

1. Application of Acts and subordinate statutes of a death certificate;

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;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] The general traffic accident category 2 (Death Caused by Traffic Accidents) is the area of special mitigation (two months to one year) (the person who is specially mitigated).

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