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(영문) 서울중앙지방법원 2018.08.29 2017고단7400
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On August 26, 2017, around 01:01, the Defendant proceeded ahead of the solar distance of 185 Tae-gu Seoul, Gangnam-gu, Seoul, with the view to the remote distance of the daily origin from the slope of the flood of the water station at the remote distance of the water station, at an aesthetic speed.

At the same time, the above road was in the vicinity of the two-lane due to the traffic accidents preceding the victim D(36 ). Therefore, the defendant engaged in driving a motor vehicle had a duty of care to take the right and the right of the front side and prevent the traffic accident by driving the motor vehicle.

Nevertheless, the Defendant neglected this and served the victim with the negligence of driving the said vehicle.

On August 26, 2017, the Defendant caused the victim to die due to the damage of the body caused by external force at Samsung Hospital around 02:57.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement made to E and F;

1. A survey report on actual conditions;

1. Photographss of the accident situation, photographs of the accident scene, and CCTV images;

1. A written statement on the occurrence of each traffic accident;

1. Application of the Acts and subordinate statutes on a written diagnosis of death and a reply to each request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution is in full consideration of all the sentencing conditions including the following: (a) the scope of the recommendation [the scope of the recommendation] general traffic accident category 2 (Death by Traffic Accidents), the area of special mitigation (two months to one year) [the specially mitigated person] [the victim] where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage, the sentence is not imposed (including efforts to recover damage), (including decisions of sentence] initial crimes, agreements, and negligence on the part of the victim, etc.; and (b) the sentence is determined as per the order.

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