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(영문) 서울서부지방법원 2018.04.12 2018고단96
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a cPoter 2 freezing vehicle.

On September 25, 2017, the Defendant driven the above tower at around 13:55 on September 25, 2017, and proceeded along one lane between the two-lanes in the speed of the decentralization in the direction of the right angle, the Defendant had a duty of care to prevent accidents in advance by thoroughly operating the front direction of the vehicle and accurately operating the steering direction and operating operation devices of the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant found the victim D (49 tax) who was unclaimed on the right side from the left side of the running direction of the Defendant at the time when the Defendant was negligent, and received the victim from the front side of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s scarcity with the above occupational negligence, and caused the death in the emergency room of the next hospital at around 15:06 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. (1) (2) of the traffic accident report, the application of the Acts and subordinate statutes to send a comprehensive traffic accident analysis report, a motor vehicle boom, a body boom, and a comprehensive traffic accident analysis report;

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. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: Consideration of the sentencing conditions specified in the following and changed theories: The victim's bereaved family members do not want the punishment of the defendant, the victim's unauthorized crossing the expressway, etc., and there are considerable negligence, such as the victim's unauthorized crossing the expressway, and the victim's absence of the same criminal record: The victim's death has serious result: The defendant's age, sex behavior, family

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