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(영문) 서울중앙지방법원 2020.09.07 2020고단4466
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

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her defense right, the facts charged are recognized as criminal facts.

The defendant is a person who is engaged in driving a vehicle B or C.

On March 12:18, 2020, the Defendant driven the above car and proceeded at the front road of Seoul Jung-gu Seoul Special Metropolitan City C from the Cheongcheon-gu to the Cheongcheon-do 8 side. On March 31, 2020, the Defendant parked the car to the “public parking lot on the street eight,” which is adjacent to the edge of the road.

Afterward, the Defendant did not look at the front and rear side and the left side of the car, and had the front kick kick kick kick kick kick kick, which was going on the left side of the car, go beyond the front and rear side of the car.

As a result, the victim died of cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ma, which was being treated by the F Hospital located in Jung-gu, Seoul. 5:40 on April 5, 2020.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1) (1)

1. Protocol of inspection;

1. A death certificate;

1. Photographss and carcasses of each accident site;

1. Application of CCTV-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] : (a) January to five years (decision of a sentence] imprisonment without prison labor; (b) traffic crimes; general traffic accidents; and (c) Type II (Death resulting from Traffic Accidents) [Special Convict] / Non-execution of the Motor Vehicle General Insurance; (c) motor vehicle comprehensive insurance; (d) serious reflectness; and (e) repeated crimes.

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