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(영문) 서울동부지방법원 2019.03.13 2018고단4127
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B with a Saturday.

On November 8, 2018, the Defendant driven the above car at around 09:39, and led the vehicular road in Seongdong-gu Seoul Metropolitan Government to proceed to the exit of the apartment from the D side where the apartment complex is located in the apartment complex.

At the time, child-care centers, day-times, and rained, and thus, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear, brakes, and other devices of the motor vehicle while driving the motor vehicle at a low speed so that it can stop at any time.

Nevertheless, the Defendant neglected the direction of progress and neglected to proceed so that the victim E (V) who crossed the roadway from the left side of the course to the right side of the roadway in the right side of the collision direction, took the victim E (V) who was crossing the roadway into the left side of the above Defendant’s vehicle and went beyond the roadway, and the victim, etc. who was going beyond the direction of the movement and the head of the victim were over.

Ultimately, at around 10:50 on November 8, 2018, the Defendant caused the death of the victim by occupational negligence at G hospital located in Seongdong-gu Seoul, Seongdong-gu, Seoul due to brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A written result of autopsy;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. The relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Determination of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor / [Scope of Recommendation] No basic area (8 to 2 years) (the death of a traffic accident) (the death of a person causing a traffic accident) [Pronouncement-making] [decision of sentence] The fact that a victim who is four years old due to the instant traffic accident causes serious mental damage to the death of a victim, and the victim’s bereaved family suffers serious mental pain, and the defendant is the victim.

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