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(영문) 서울서부지방법원 2020.02.06 2019고단3822

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 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 a BM5 car.

On October 1, 2019, the Defendant driven the above car at around 16:57, and led to the driving of the road in front of D in Eunpyeong-gu Seoul Metropolitan Government to move from E to E in the direction of D.

At the same time, there is a side road where the traffic is not controlled at the front, and thus a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the front side and the right side traffic situation, such as temporary stop or slowly driving before entering the intersection, and by properly manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and found and operated the GITI100 Obama on the left-hand side of the victim FF(78 years old) driving on the right-hand side of the course due to the negligence of proceeding at the intersection, but did not avoid the situation, and did not receive the victim's Obama by the Defendant's car.

Ultimately, at around October 8, 2019, the Defendant caused the death of the victim by occupational negligence, such as brain pressure at H Hospital around 04:47.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The points agreed with the bereaved family members of the victim, circumstances of the accident, degree of negligence, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;