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(영문) 서울동부지방법원 2017.11.09 2017고단2530
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 C-learning car.

On June 2, 2017, the Defendant driven the above car on June 17:52, 2017, and driven the road of four-lane 4 lanes in front of Songpa-gu Seoul Metropolitan Government D in order to drive the road at a speed of about 40km per hour from the shooting distance room in the Geum-gu Park to the shooting distance range.

Since the location was an intersection where signal lights are installed, there was a duty of care to observe the signal and prevent accidents in advance by checking the front side well.

Nevertheless, the defendant neglected to do so and operated the victim E (34 years old) who was at the left turn in accordance with the new subparagraph in a part suitable for the direction of the paralysis when he was due to the occupational negligence in the head of the stop.

TNT600 Oral part was found late, and the front part of the above Oral part was advanced by the defendant on the left side of the vehicle driving.

As a result, the Defendant caused the victim to die by his occupational negligence at around 19:54 on June 22, 2017, and around 15:54, the Defendant was hospitalized at the Gangdong-gu Seoul Metropolitan Gedong Embae Hospital, Gangdong-gu in Gangdong-gu, Seoul, to cause the victim to die with low-blood liquid shock during treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. A death certificate, postmortem report, vehicle photograph, or body photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 201Du1448, Apr. 1, 201);

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