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(영문) 서울북부지방법원 2017.08.10 2017고단2185
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 rocketing car.

On February 3, 2017, the Defendant driven the above car around 00:18, and driven the front road of Dongdaemun-gu Seoul Metropolitan Government D at a speed of about 65.4 km from the tri-dong to the outer intersection distance.

In such cases, there was a duty of care to prevent accidents in advance by safely driving the driver of the vehicle, such as emphasizing the steering room and accurately operating the steering system and operating the steering system.

Nevertheless, the defendant neglected to do so and got the right-hand bridge and two parts of the victim E (the 61-year old) crossing from the right-hand side of the progress direction to the left-hand side by negligence, and received the two parts as the front-hand part of the car driving of the defendant.

Ultimately, around February 3, 2017, around 10:40 on February 3, 2017, the Defendant: (a) caused the victim’s death by the occupational negligence in the hospital of Jongno-gu Seoul, Jongno-gu, Seoul to death by 13-7 Gyeonghee University to 13-7, with the blood transfusion and the diversified long-term electric shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on a traffic accident, a survey report on actual condition, a death certificate, a postmortem protocol, on-site photographs, and a change history photograph;

1. Application of Acts and subordinate statutes on internal investigation reports (taxibox images);

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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is to be determined by considering the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act: (b) the occurrence of a serious consequence of the death of the victim of the instant accident; and (c) the fact that the victim’s bereaved family members did not reach an agreement with the victim; (d) the Defendant recognized the instant criminal facts and reflected the mistake; (e) the victim’s unauthorized crossing appears to have an impact on the occurrence

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