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(영문) 서울중앙지방법원 2019.03.26 2018고단5777

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three 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 a Grand bus in Ireland.

On June 3, 2018, the Defendant driven the above van on June 12:16, 2018, and operated the two-lane road in front of Jongno-gu Seoul, Jongno-do, Seoul, at the upper three-lane distance protection area, the two-lane road was operated at about 40km each hour according to the first road.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the vehicle according to the traffic signal by reducing speed to the person engaged in driving the vehicle and by properly examining the progress and route of other vehicles.

Nevertheless, the Defendant neglected the above duty of care and continued to enter the yellow signal to the intersection and direct progress, and found late the E-thro-rayed vehicle of the victim D (Nam, 35 years old) driving at the right side of the defendant's right side of the Mad-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Ultimately, the Defendant caused the death of the victim due to brain damage in the workplace by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding survey reports, traffic accident analysis replies, standard signal control database;

1. Egressing on-site photographs and video data on damaged vehicles;

1. A death certificate, body photograph, and postmortem report;

1. Application of Acts and subordinate statutes to each investigation report (No. 11,23 No. 11 of the evidence list);

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

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).