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(영문) 서울북부지방법원 2018.06.21 2018고단1318
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On February 24, 2018, the Defendant driven the above car at a speed of about 71km per hour from the 05:40 on February 24, 2018 to the four-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and to the new sloping distance from the parallel parallel parallel parallel to the other parallel parallel parallel.

At the time, it was night and at the same time a crosswalk was opened, and it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to build a road on the front side, and to accurately manipulate the steering gear and brake system of the motor vehicle in order to prevent accidents in advance.

Nevertheless, the defendant neglected this and failed to find out the victim F (57) to the right side on the left side by using the crosswalk in the crosswalk in the pedestrian stop line, which was driven by the defendant, and became the victim with the front part of the car driving by the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the death of the victim due to the symptoms of brain damage among the roads at the time and place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A corpse inspection report and a corpse inspection report;

1. Responses to traffic accident analysis;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant neglected his/her duty of care in the front time and caused the death of the victim due to the negligence committed in violation of speed, not only twice a fine, but also there is no criminal charge. The victim also has a fault of crossing the four lanes road in the middle of night, a comprehensive motor vehicle insurance contract is being purchased, an agreement is reached with the victim's bereaved family members, and a traffic crime is committed.

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