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(영문) 서울서부지방법원 2017.10.26 2017고단2327
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 operates a car in the E car rental car as a duty.

On February 3, 2017, the Defendant driven the above car at around 10:30, and took care of the entrance of the parking lot of the university hospital in Yongsan-gu, Yongsan-gu, Seoul, a 59-do Ambassador, at the parking lot of the Mother and Child Health Center in Yongsan-gu, Seoul.

In such cases, a person who is engaged in driving a motor vehicle shall not cross the road by driving the motor vehicle when it is likely to obstruct the normal passage of pedestrians or other horses, nor drive the motor vehicle, and have a duty of care to prevent accidents in advance by safely reporting the rear side and driving the motor vehicle safely.

Nevertheless, the Defendant did not properly examine the rear side and did not find out the Victim F (65) who was walking behind the Defendant’s passenger car and did not drive the said vehicle, and did not go beyond the surface by collision with the damaged part after driving the said vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die with cerebral skills in G convalescent hospitals around April 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I;

1. A traffic accident report;

1. The application of Acts and subordinate statutes to death certificates and autopsy appraisal certificates;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(2) of the Act on the Suspension of Execution) (Article 62(1)(Article 62(2)(Article 62(1) of the Act on the Suspension of Execution (Article 62(1))(Article 62(1)(Article 62(1)(Article 62(1))(Article 6

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