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(영문) 서울남부지방법원 2018.02.13 2017고단6116
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence 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 service of F-Apurd motor vehicles.

On September 23, 2017, the Defendant driven the above car at around 10:42, and, as Geumcheon-gu Seoul Metropolitan Government, driven the front side road of the German elementary school located at 104:31 Doosan-dong, as the city of Geumcheon-gu.

At the same time, the above side road was mixed with many pedestrians due to the village event opened at the German elementary school, so in such a case, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the steering gear, brakes, etc. and safely driving it while driving the vehicle.

Nevertheless, the Defendant neglected this and got the victim G (the age of 48) by driving a speed pedal to the balk and driving the speed pedal as it was due to the negligence of taking the speed pedal.

Ultimately, around October 10, 2017, around 02:58 on October 10, 2017, the Defendant caused the death of the victim, who was receiving medical treatment at the Hannam-gu Sung-ro Hospital located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, on the part of the above occupational negligence, on the ground of a parodism caused by the collapse of a wide bridge and a multi-dive surgery that caused the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 2 (Death by Traffic Accidents) [the person subject to special mitigation] [the sentence] of the mitigated area (including the person subject to special mitigation] of punishment (including the efforts to recover damage), but the result of the instant accident is one of the most favorable circumstances, such as the confession of the defendant, the fact that there is no criminal record of the same kind, the fact that there is no criminal record, and the fact that there is an agreement with the victim's bereaved family.

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