(영문) 서울남부지방법원 2018.12.13 2018고단3254

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(영문) 서울남부지방법원 2018.12.13 2018고단3254

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

On October 28, 2017, the Defendant driven a dump truck around 05:20 on October 28, 2017, and led the four-lanes in front of the D church located in Gangseo-gu Seoul Metropolitan Government C to the intersection of the Gangseo-gu from the direction of the bridge to the direction of the Gangseo-gu.

At the time, the construction has been carried out in the front door, and the lane has been reduced. Since there was a motor engine bicycle (former Kwikset) operated by the victim E (Ckwikset) on the right side of the defendant's front side, there was a duty of care to reduce speed to a person engaged in driving of a motor vehicle and properly manipulate the steering system and the brake system to prevent an accident in advance.

Nevertheless, the defendant neglected to discover the victim in the front side and proceeded with the motor device bicycle on the left side without finding the victim, and did not completely overtake the motor device bicycle on the left side of the motor device, but the part on the left side side of the victim E on the right side of the truck of the defendant, which was shocked as it was by the bypass, and continued to go beyond the road by the collision of the victim's head on the right side of the truck of the defendant.

Ultimately, the Defendant caused the death of the victim due to the cerebral cerebral ties following the cerebral cerebral le, etc. on December 2, 2017 while having the victim receive medical treatment at the F Hospital’s middle-patient’s hospital due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Results of appraisal by the Seoul branch office of the Road Traffic Authority;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A death certificate;

1. Responses to traffic accident analysis;

1. Application of CCTV-related Acts and subordinate statutes to accidents;

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 of selective imprisonment without prison labor for sentencing;

1. The scope of the recommended punishment is limited to two types of traffic accidents (accidents resulting from traffic accidents).

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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