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(영문) 서울북부지방법원 2018.07.26 2018고단2061
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B rocketing or other car.

On April 6, 2018, the Defendant driven the above vehicle at around 12:57, and driven the vehicle at the front of Dongdaemun-gu Seoul, Seoul, along with the side road that does not run in the direction of Seoul Si-gu, as Seoul, at the 19-lane road.

Since no signal, etc. is installed at an intersection where traffic is not controlled, a person engaged in driving duty has a duty to prevent accidents, such as slowly or temporarily stopping, and entering the intersection.

Nevertheless, the Defendant neglected this and got the part of the right side of the victim D (62 Do, South) driving the intersection from the left side of the proceeding direction to the right side to the non-speed of the intersection, and received the front part of the Defendant’s vehicle.

Ultimately, around April 9, 2018, around 01:35, the Defendant caused the death of the victim by occupational negligence at the Korea University Medical Center Hospital located in the village of Seongbuk-gu Seoul, Seongbuk-gu, Seoul to the death of the victim at brain training expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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 (the occupation of occupational and dental doctors), and selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is close to the ground for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment], and the result of the crime is significant when considering that a person's life has disappeared due to the defendant's negligence.

Therefore, the defendant will choose a sentence of imprisonment without prison labor, and the defendant will be punished for any criminal punishment.

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