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(영문) 서울남부지방법원 2017.12.21 2017고단5188
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of Bbeer or a car.

On July 29, 2017, the Defendant driven the above car at around 02:10, the Defendant tried to change the lane into one lane while driving the two lanes in front of Seoyangyang-gu C at the front of the Goyangyang-gu at the front of the road at the speed of the government from the front of the road.

At night, as the defendant engaged in driving of a motor vehicle is at night, he/she has a duty of care to change the vehicle line with the situation of traffic on the left and right.

Nevertheless, the Defendant neglected to stop in the front city and proceeded as it is, while changing the tea line, received the victim D (43 cm) who was coming from the second two-lanes in the opposite direction of the said Defendant’s car from the front direction of the said Defendant’s car, and had the victim go beyond the above victim, and caused the victim to die due to their impact, such as the strings and the right side of the two parts in the said two sides.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs by reporting a traffic accident, such as a traffic accident report, an accident vehicle, site photograph, etc., a corpse examination report, CCTV image closure;

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 the selection of imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, at night, there is some negligence on the part of the victim's main driving way of a motor vehicle with a centralized separation cost due to alcohol, such as the occurrence of accidents, the fact that the victim's bereaved family members have agreed with the bereaved family members, in addition to fines on two occasions, the fact that there is no previous offense, the fact that the victim's age, environment, circumstances of accidents, and circumstances after the crime, etc. are considered.

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