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(영문) 서울북부지방법원 2017.05.18 2017고단1145
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a CM6 vehicle.

On October 29, 2016, the Defendant driven the above SM6 car around 12:30 on the 29th day of October, 2016, and led to the flow of the SM6 car to the east-ri road at the entrance of the area of the DJ, the area of the mountain and the like.

Since there was a cross-section where a yellow on-and-off signal is installed, there was a duty of care to prevent accidents in advance by driving safely such as reducing the speed of a person engaged in driving of a motor vehicle, temporarily stopping, and checking whether there is a vehicle entering the intersection by driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the front side of the Defendant E (M6 riding) driving, which was proceeding on the front side of the Defendant, received the right side part of FOba in front of the Defendant’s driving.

Ultimately, the Defendant caused the death of the victim on the G road in Jeju-si, Jeju-si, on October 29, 2016, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of statutes to on-site photographs and death cards;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act occurred by negligence entering the intersection without reducing the speed, and the occurrence of a serious result of the victim’s death of the instant accident. However, although the Defendant recognized the instant criminal facts, the Defendant appears to have affected the occurrence of the instant accident, the victim’s fault appears to have affected the degree of the occurrence of the instant accident, the Defendant agreed with the bereaved family members, and the Defendant did not have any special criminal records other than the punishment of a fine for driving a light alcohol in 2006, considering a favorable circumstance.

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