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(영문) 서울중앙지방법원 2017.05.19 2016고단6667
교통사고처리특례법위반(치사)
Text

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

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 three-dimensional car.

On June 10, 2016, the Defendant driven the above car at around 04:30 on June 10, 2016, and continued to drive the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul with the view to the shooting distance protection of the hill station in Gangnam-gu, Gangnam-gu.

In this case, the driver has a duty of care to safely drive a crosswalk by reducing the speed, properly operating the steering system and the steering system, accurately operating the steering system and the steering system, and ascertaining whether there is a pedestrian on the crosswalk.

Nevertheless, the Defendant neglected to do so and neglected it, and caused the victim E (35) who was crossing from the right side of the crosswalk in front of the moving direction to the left side of the crosswalk due to the negligence of driving without reducing the speed of driving, to go beyond the ground.

Ultimately, around 03:00 on June 14, 2016, the Defendant caused the death of the victim due to the following reasons: (a) while receiving treatment at the National University Hospital located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) by occupational negligence: (b) a multi-presidential long-term corrosion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

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

1. A written diagnosis of death of E;

1. Application of the Act and subordinate statutes, such as field photographs (No. 10 times a moment) and photographs (No. 11 times a moment a year);

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 imprisonment without prison labor (in light of the circumstances, such as the occurrence of a serious result of the death of a victim, and the degree of violation of the duty of care of a defendant is not minor);

1. Article 62(1) of the Criminal Act on the suspension of execution (a defendant shall be detained for about one month);

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