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(영문) 서울동부지방법원 2017.08.16 2017고단1794
교통사고처리특례법위반(치사)
Text

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

However, the execution of 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 of a sports car even in CCo.

On May 6, 2017, the Defendant driven the above car at around 22:20 on May 6, 2017, and was driving in the direction of Hanyang University distance from the king of the three-lane Do of Seongdong-gu Seoul Metropolitan Government.

At the time, since it was difficult for a driver of a motor vehicle to see the front door light due to the headlight of the motor vehicle driven at night, there was a duty of care to prevent accidents by driving the motor vehicle at a speed near the crosswalk. In particular, there was a duty of care to prevent accidents by reducing the speed.

Nevertheless, the Defendant neglected this and proceeded in the vicinity of the crosswalk without reducing speed, and failed to view the victim E, who opened the crosswalk to the left-hand side of the road, from the right-hand side of the road to the left-hand side of the road, caused the damaged person to fall off on the road by receiving the parts of the victim’s left-hand side of the vehicle.

Ultimately, at around 23:00 on the same day, the Defendant caused the death of the victim due to severe brain damage at the Hanyang University Hospital located in Seongdong-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Imprisonment without prison labor)

1. Article 62 (1) of the Criminal Act;

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