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(영문) 서울남부지방법원 2019.07.04 2019고단2182

교통사고처리특례법위반(치사)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2018, the Defendant, who is engaged in the operation of dump trucks, was driving the dump trucks on December 25, 2018, and proceeded with the roads in Yangcheon-gu Seoul Metropolitan Government on the roads located in Yangcheon-gu Seoul Metropolitan Government on the surface of the new ICT room.

Since there is a lot of traffic of vehicles, etc., the driver has a duty of care to prevent traffic accidents by accurately manipulating the steering gear, brake system, etc. in the vicinity of the driver.

Nevertheless, the Defendant neglected the above duty of care and proceeded with the victim D (the age of 83) who walked at a three-lanes from the nearest part of the above truck, and served as the wheels.

Accordingly, the defendant caused the death of the victim immediately due to the negligence in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Yellow view survey reports, CCTV images CDs, and images of the accident site;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Selection of alternative imprisonment without prison labor;

1. According to Article 62(1) of the Criminal Act of the Suspension of Execution, the following conditions shall be taken into consideration: (a) the occurrence of traffic accidents in the grounds for sentencing under Article 62(1) of the Criminal Act; (b) the illegality of the Defendant’s negligence related to the accident; and (c) the fault of the victim; (d) the bereaved family members and the smooth agreement with the bereaved family members; and (e) the overall sentencing conditions specified in

It is so decided as per Disposition for the above reasons.