beta
(영문) 서울북부지방법원 2019.02.19 2018고단5329

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bus in the case of fishing between B and B.

On October 5, 2018, the Defendant driven the above bus around 14:10, and driven the two-lane road in front of the “D” located in Dobong-gu Seoul Metropolitan Government, and proceeded at a speed of about 20km per hour in the direction of the shooting distance between sublime and sublime elementary school.

Since a crosswalk has been installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to drive the motor vehicle by reducing speed and checking the right and the right and the right and the right of the motor vehicle, and to accurately manipulate the steering gear and the brake system of the motor vehicle in advance to prevent accidents.

Nevertheless, the defendant neglected to use the crosswalk on the pedestrian stop signal while driving it, and caused the victim E (the 71-year-old) who opened the way to the right from the left side of the bus driving in the direction of the bus driving of the defendant to go beyond the road by shocking the front side of the bus driving of the defendant.

Ultimately, around October 13:48, 2018, the Defendant caused the victim’s death by the occupational negligence as seen above, due to acute humphalopia, while receiving treatment from GH hospitals in Dobong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant 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, the selection of fines for crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] is general traffic accident category 2 (Death resulting from Traffic Accidents) (the special mitigation range between February and one year) (the victim) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, damage resulting from the failure to punish.