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(영문) 서울동부지방법원 2018.05.03 2018고단541
교통사고처리특례법위반(치사)
Text

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

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 a car of 10 tons, fla x 25 tons of flapt x flab.

On January 9, 2018, the Defendant driven the above cargo vehicle around 21:32, and was driving on the three-lane road in front of the so-called Seoul Seongdong-gu Seoul, Seongdong-gu, Seoul, along with three-lanes in the direction of sex investigative distance in the direction of Seoul.

At the time of night and immediately after the right-hand, there was a crosswalk in which signals are installed, so in such cases, there was a duty of care to safely drive a motor vehicle to prevent accidents by checking whether there is a person driving the motor vehicle by reducing the speed of the motor vehicle and checking the crosswalk well.

Nevertheless, if the defendant neglected this and neglected it, he saw the way from the right side of the crosswalk to the left side by using the crosswalk pursuant to the victim's new pedestrian signals, and got the victim to go beyond the ground by taking the left side of the victim F (the age of 54) as the front side of the cargo vehicle of the defendant, and eventually, the victim's bridge part of the victim's bridge with the right side of the defendant's right side truck.

Ultimately, the Defendant caused the death of a victim by occupational negligence at the emergency room of the Hanyang University Hospital in the Republic of Korea, where the victim was under medical treatment after January 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, a request for inquiry of video data, a photographic confirmation of image, death, on-site photograph, or photographic image verification of black stuffs;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant shall be the person who has shocked the victim of the crosswalk in accordance with the pedestrian signals and thus is highly favorable to the defendant's negligence:

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