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(영문) 서울남부지방법원 2017.11.28 2017고단4669
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On July 15, 2017, the Defendant driven a C-wing truck on July 11, 2017, and the housing located in Yangcheon-gu Seoul Metropolitan Government D was turned back from the front side to the air route.

Since there are many houses in a densely-populated area where people's passage is frequent, there was a duty of care to thoroughly see the right and the right and the right of the person engaged in driving service and accurately manipulate the steering and steering system to prevent accidents in advance.

Nevertheless, the Defendant neglected this and got the victim E (the age of 82) who walked in the same direction following the cargo vehicle due to the negligence of the latter, and had the victim go beyond the right behind the cargo vehicle, and had the victim go against the back wheel of the cargo vehicle with the rear wheels, etc.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as low blood transfusion shock on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a traffic accident occurrence report;

1. A report on investigation (CCTV, bream analysis) and a report on investigation (CCTV image analysis);

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's negligence is not less severe, and that the result of death caused by traffic accident is disadvantageous to the defendant.

However, there are more favorable circumstances such as the fact that the defendant deposited 30,000,000 won for the heir of the victim, the fact that it was covered by a comprehensive insurance, the criminal primary crime, and the fact that there is a certain occupation that the social relationship seems to be reliable.

These circumstances.

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