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(영문) 서울중앙지방법원 2018.04.18 2017고단7580
교통사고처리특례법위반(치상)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C124cc Orala.

On 05:15 on 30. 30. 308. 305:15, the Defendant was driving the above Otoba and driving it on the side of the Bank of Korea from the southwest-gu Seoul, Seoul, a three-lane, to two-lanes. The Defendant, who is engaged in the driving of Otoba, had a duty of care to properly examine the left and right of the front line and accurately manipulate the steering gear and brakes, thereby preventing accidents.

Nevertheless, on February 1, 2018, the Defendant obtained the victim D (79) who has crossed the above road to the left side from the right side of the course of the collision by negligence without properly examining the front side, and caused the victim's death in the Fvalescent Hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, by taking the front side of the Otoba, and caused the victim's death in the Fvalescent Hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on investigation;

1. Confirmation photographs of the on-site investigation;

1. The place where an accident occurred is difficult to predict the unauthorized crossing of the land;

If a witness could have seen the accident situation, the defendant could have sufficiently known the situation.

Recognized.

Application of Statutes

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;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of accidents, agreement, criminal records, etc.);

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