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(영문) 서울북부지방법원 2020.01.09 2019고단4021
교통사고처리특례법위반(치사)
Text

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

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 engaging in driving a rocketing car.

On June 30, 2019, the Defendant driven the above car at around 03:08, and turned down the three-lane road in front of the Seoul Jung-gu Seoul Metropolitan Government C along the two-lane distance from the middle intersection to the middle intersection.

At the time of night, there was a duty of care to reduce speed to those engaged in driving service, to properly see the right and the right, and to accurately manipulate the steering and brakes so as to prevent accidents from spreading.

Nevertheless, the Defendant neglected to do so and failed to discover the victim D(58) who was crossing the place without permission by neglecting his duty of care, and did not discover the victim D(58). The Defendant was a victim who was walking on the right side from the left side of the running direction to the front part of the said rocketing car driving by the Defendant due to negligence.

Ultimately, around 10:40 on June 30, 2019, the Defendant caused the victim’s death by occupational negligence, resulting in pressure on brain, pressure, and training for the victim who was receiving treatment at the F Hospital in Guri-si E (F Hospital).

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. An analysis of traffic accidents;

1. A death certificate;

1. Photographs of the victim and the scene of accident;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where there is a substantial negligence on the occurrence of, or expansion of damage from, a traffic accident to victims in the area to mitigate (four months to one year) (special mitigation) types of general traffic accidents (the scope of recommending punishment) according to the sentencing guidelines;

2. The defendant who has rendered a sentence of sentence shall not properly perform his duty of care in advance.

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