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(영문) 서울서부지방법원 2020.08.13 2020고단1404
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On 10:20 on 23. 203. 10. 2020, the Defendant driven the above car and got to turn to the left the front road of Seodaemun-gu Seoul Metropolitan Government C apartment Ddong from the side of the C apartment underground parking lot to the ground parking lot.

Since the entrance of a parking lot in the apartment, where the passage of the apartment residents is frequent, there was a duty of care to safely drive the parking lot to prevent accidents by safely checking whether there is a person driving around the surrounding area by reducing speed in advance at the entrance of the parking lot and by properly examining the front left.

Nevertheless, the Defendant neglected to do so and did not look at the surrounding area at the entrance of the parking lot, and did not discover the victim E (the age of 83) who walked in the front of the Mac apartment Ddong, and did not blick the victim with the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the G Hospital’s middle-patient’s room located in Jongno-gu Seoul Metropolitan Government, on March 24, 2020, at around 04:17, in the course of the follow-up treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and a report on the occurrence of a traffic accident;

1. An accident site photograph, photographic photo of the deceased, and on-site photograph;

1. Application of Acts and subordinate statutes to a death diagnosis report 112 Report Report List and investigation report ( telephone communications of a reporter 119);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 2], the death of traffic accidents [the person who is specially punished] shall be mitigated (including serious efforts to recover damage).

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