(영문) 서울서부지방법원 2017.06.22 2017고단923

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(영문) 서울서부지방법원 2017.06.22 2017고단923

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 the duty to drive a Grand City Kaol.

On November 24, 2016, the Defendant driven the above 07:00 on the 07:00, and driven the front road of Yongsan-gu Seoul Metropolitan Government D along the two-lanes of the two-lanes, using the ice and the backside of the two-lanes, at the speed of about 50 to 60km.

Since the former road is bended rapidly on the right side, in such a case, the driver has a duty of care to check whether there is a person on the right side by well examining the front side and the left side, and to accurately manipulate the steering direction and the brake system, thereby preventing accidents.

Nevertheless, the Defendant neglected this and proceeded without examining the right and the right, and found the victim E (64) who is being cleaned on the right side of the Defendant's running direction at late behind the victim E (64) who is being cleaned on the right side of the road, and did not avoid this, and had the victim go beyond the road floor by receiving the part of the victim's bridge in front of the right side of the front side of the defendant's above van.

Ultimately, around November 24, 2016, around 07:44 on November 24, 2016, the Defendant caused the death of the victim who was receiving medical treatment at the Seoul Sung Hospital located in 222 as a result of the distribution of Seocho-gu Seoul, Seocho-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act; Article 62(1) of the same Act (see, e.g., the acknowledgement of mistake; Article 62(1)); Article 62(2)); Article 62(3) of the

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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