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(영문) 서울서부지방법원 2018.12.06 2018고단3407
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 person who is engaged in driving C and C 3 cargo vehicles.

On September 10, 2018, the Defendant driven the above vehicle at around 12:10 on September 10, 2018, and turned back the front side road of Eunpyeong-gu Seoul Metropolitan Government at an indefinite speed.

The location is a side road without distinction between India and the roadway, and there is a place where pedestrians are frequent, so in such a case, there was a duty of care to prevent accidents by properly operating the steering system and the steering system, and operating the steering system and the steering system accurately.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 84) who walked on the back side of the Defendant vehicle due to negligence, and did not discover the victim E (the age of 84). The part on the loading box of the Defendant vehicle was shocked with the damaged person, and the part on the right side of the vehicle was directed toward the victim's bridge part with the back wheels of the vehicle.

As a result, the Defendant caused the victim to die by the occupational negligence as a result, at around 18:58 September 10, 2018, at a tobacco school in Seodaemun-gu, Seoul, with the annual length of 50-1, and at a university hybrid hospital in the university Synae Hospital, the Defendant caused the victim to die by the blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, field photographs, etc.;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The victims’ bereaved families do not want the punishment of a defendant, the primary offender, the recognition of a mistake and reflects the victim’s death: Taking into account all of the conditions for sentencing specified in the records and changes of the defendant’s age, sex, family relationship, circumstances before and after the crime, etc.

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