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(영문) 서울중앙지방법원 2018.10.12 2018고단5325
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The defendant is a person who is engaged in driving a DNA car.

On December 18, 2017, the Defendant driven the above car around 10:07, and proceeded at a speed that would not be known to the present elementary school of the Seoul Gwanak-gu, Seoul.

In such a case, it was difficult for a person engaged in driving of a motor vehicle to accurately operate the steering system, brakes, and other devices of the motor vehicle, according to the traffic situation of the road and the structure and performance of the motor vehicle, he/she 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 traffic situation of the motor vehicle, and he/she has a duty of care to properly report the traffic situation before and after, and safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant got 75 years old as the front part of the Defendant’s driving, while driving on the right side of the road without properly operating operation of the brake and steering gear on the right side of the Defendant’s direction by negligence while he was in snow removal work on the right side of the Defendant’s moving of the victim F (n. 75 years old) who was in the process of snow removal work on the front side of the Defendant’s driving.

Ultimately, around December 18, 2017, around 11:14, 2017, the Defendant caused the victim to die in a multi-faceted trauma at the Seoul Bola Hospital located in 20, Dongjak-gu Seoul Metropolitan Government Bolaro 5-gil.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to G and H;

1. Reporting of a traffic accident (1) (on-site investigation report);

1. Report on the occurrence of a traffic accident;

1. A traffic accident occurrence report;

1. Accident video CDs;

1. The records of the change of victim, photograph, and autopsy;

1. Application of Acts and subordinate statutes of death certificate (F);

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;

2. Article 62 of the Criminal Act:

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