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(영문) 서울남부지방법원 2018.04.19 2018고단809
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

On July 18, 2017, around 14:40 on the Cheongju-si, the Defendant driven a CK3 car on an expressway located in front of the 286km in the direction of Seoul in the city of Seo-gu, Seo-gu, Seo-gu, Seog-si, Seo-gu, Seoul, and proceeded along the two-lane from the Busan bank to the Seoul bank, while changing the course into three-lanes.

In this case, a person engaged in driving service has a duty of care to thoroughly examine the front side and the left side and the left side, and to accurately operate the steering direction and the brake system and to change the lanes safely.

Nevertheless, the Defendant neglected this, while changing the course from the two lanes to the three-lanes, and proceeded along the three-lanes of the victim D(50 ) driving, the left-hand part of the cargo loaded by the victim D(50 ) to the right-hand part of the cargo loaded by the Defendant’s vehicle, left the lane to the right-hand part of the cargo vehicle in front of the Defendant’s vehicle, and left the lane to the right-hand one.

Ultimately, the Defendant caused the death of the victim on the job due to the above occupational negligence due to the chest damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Each blackbbbox CD images;

1. Each investigation report (scambling screen images);

1. Application of Acts and subordinate statutes to death certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. The scope of the recommended punishment shall be limited to the general traffic accident in the basic area (from August to two years) of the two types. No person shall be subject to special sentencing;

2. The fact that the defendant deposit a total of 30,00 won for the bereaved family for the victim and that the defendant is a criminal first offender is favorable to the defendant.

However, there are unfavorable circumstances such as the fact that the defendant's negligence caused the victim's life to be lost, the life cannot be altered, and the victim's bereaved family does not receive a letter.

3.2

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