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(영문) 서울남부지방법원 2018.06.07 2018고단493
교통사고처리특례법위반(치사)
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a dump truck truck truck driver.

On December 16, 2017, around 13:56, the Defendant made a left turn to the left at a speed that is unknown in order to load aggregate in the E Aggregate Chapter in Gangseo-gu Seoul Metropolitan Government D.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and led the victim F(49) who was on the left-hand side of the vehicle driving direction of the Defendant at the time of the Defendant’s failure to move the victim F(49) in front of the left-hand side of the Defendant’s vehicle, and went beyond the floor, and continued to go beyond the second wheels of the Defendant’s vehicle, and led the victim’s left-hand side buckbucks.

Ultimately, the Defendant caused the victim by occupational negligence and caused the victim to die with a private person, such as “the blood transfusion in the mouth” during the process of being treated in the middle patient room in the Gandong Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A fact-finding survey report, a report on the occurrence of a traffic accident, and a written statement on the occurrence of a traffic accident;

1. Protocol of postmortem examination and photographs of postmortem examination;

1. On-site photographs of each accident;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year) (the period from April to one year) and the punishment is not imposed (including the serious efforts to recover damage);

1. The decision of sentence (the choice of sentence, suspension of execution, etc.) and the details of the traffic accident, the nature of the crime is grave in light of the result of the victim's death, and the defendant;

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