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(영문) 서울남부지방법원 2017.12.21 2017고단5627
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 two years 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 Crane car.

On August 15, 2017, the Defendant driven the above vehicle at around 12:55 on August 15, 2017, and proceeded to turn to the left at the right angle of the 160 scam distance from the scambro at the scambro-ro of Geumcheon-gu Seoul Metropolitan Government.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the victim D(58) who unclaimed on the right side from the left side of the passenger car of the Defendant at the left by negligence in violation of the signal, and went to the front part of the passenger car of the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the 16th day of the same month, around 05:25 of the same month by the so-called Yeongdeungpo-gu Seoul High School, Yeongdeungpo-gu, Seoul, Seoul, to death with the left-hand walp, the balp, and the balposis of the two leaves.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] When the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (two months to one year) (special mitigation) [the victim], the victim is not subject to punishment (including efforts to recover damage), and considering the fact that the defendant has made an agreement with his/her bereaved family members, etc.

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