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(영문) 서울북부지방법원 2017.11.16 2017고단2581
교통사고처리특례법위반(치사)
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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 C-C.

On May 15, 2017, at around 16:45, the Defendant moved two lanes in front of the Dobong-gu Police Station located in Dobong-gu Seoul Metropolitan Nowon Sea, Dobong-gu, Seoul, to a speed of about 10 km, one of the two lanes in front of the Dobong-gu Police Station.

In this case, there is a duty of care to prevent accidents in advance, such as taking the front left left right and right right of the driver, accurately manipulating the brake system, etc., if there is a pedestrian.

Nevertheless, the defendant neglected this and did not discover the victim D (61 3) who was a pedestrian crossing in red pedestrian signals, and had the victim go beyond the floor by shocking the damaged person into the front part of the right side of the mid-term season, and had the victim go back to the right side in front of the right side.

Ultimately, the Defendant caused the victim to die at the site by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes on the inspection report on traffic accidents, on-site photographs, photo of climatics, death certificate, and postmortem protocol;

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. Sentencing sentencing under Article 62(1) of the Criminal Act takes into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution occurs; (b) the occurrence of the instant accident; and (c) the degree of the Defendant’s breach of duty of care is not less than that of the Defendant’s occurrence of the instant accident; (d) the Defendant recognized the instant criminal facts; (e) there are family members to support the Defendant; and (e) there are no records of punishment for the same kind of

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