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(영문) 서울중앙지방법원 2021.02.03 2020고단6927
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 of Bknife car.

피고인은 2020. 3. 22. 21:17 경 위 차를 운전하여 서울 동작구 노들 로 674 올림픽 대로를 김 포 공항 방면에서 하 남 방면으로 1 차로를 따라 진행하던 중, 전방 주시의무를 태만 히 한 업무상 과실로 위 도로의 좌측에서 중앙 분리대를 따라 걷고 있는 피해자 C( 남, 27세) 의 몸 부분을 피고인 승용차의 앞 범퍼 부분으로 들이받아 피해자를 중앙 분리대 반대 차선으로 튕겨 져 날아가도록 하고, 마침 위 반대 차로를 진행하던

D Driving caused the EMW car to set the victim.

In this respect, the defendant caused the victim's death by the multi-faceted account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of field photographs, each black booms CD-related statute;

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, and the selection of imprisonment without prison labor;

1. The fact that a traffic accident with the reason for sentencing under Article 62(1) of the Criminal Act, which resulted in a serious result of the death of the victim, is disadvantageous to the defendant.

However, there is no previous conviction exceeding a fine, general insurance, the victim purchased a comprehensive insurance, and the victim was listed as the Olympic Games, which is an exclusive road for motor vehicles at night after passing through a lock-open-airport road, which is an exclusive road for motor vehicles, and going across the center separation zone where obstacles are installed, and the victim's negligence occurred in the first lane and the accident in this case occurred in the center (the victim seems to have taken place at the time in light of the walk, move, etc.). It is difficult to expect that the victim would appear in the first lane as an exclusive road for motor vehicles, and the victim would appear in the first lane as the Olympic Games. The defendant shocked the victim, and then the victim is different.

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