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(영문) 서울서부지방법원 2020.06.16 2020고단662
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 NAS car.

On January 22, 2020, the Defendant driven the above car on January 19:24, 2020, and led to the intersection of Eunpyeong-gu Seoul Metropolitan Government to the D market from the oly distance.

There is a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving of a motor vehicle because it is a private crossing with a signal installed.

Nevertheless, the Defendant neglected this and found out the F.O. of the victim E (ma, 26 years old) who entered the intersection and turn to the left at the intersection due to the negligence of entering the yellow signal in contravention of the signal, and caused the victim to go to the ground by taking over the front part of the above O.O. on the left side of the said vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the cerebral brain damage in the H hospital outside the hospital outside the Eunpyeong-gu Seoul Metropolitan Government and the middle patient room outside the hospital outside the hospital and the middle patient room outside the hospital in the Eunpyeong-gu, Seoul, where the victim was under the follow-up treatment around 09:05.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate (E) and a postmortem report;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. On-site photographs;

1. Responses to traffic accident analysis;

1. Application of Acts and subordinate statutes to report internal affairs, internal affairs (in the event of an accident), internal affairs (in the event of an on-site investigation), report on internal affairs (in the event of an on-site investigation), internal affairs (in the event of an on-site investigation), report on internal affairs (in the case of an on-line traffic signal violation by a vehicle suspected of being exposed to the bus boom image),

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) shall be limited to traffic accidents in general.

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