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(영문) 서울서부지방법원 2015.11.17 2015고단2237

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a 1 ton cargo vehicle C.

On May 21, 2015, at around 04:35, the Defendant moved back the front road of Seodaemun-gu Seoul Seomun-ro 112 Home Packers to the direction of the north left-side distance from the south-side bank.

At the time, there was a crosswalk in the direction of the defendant's driving. In such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle, such as checking the pedestrian signal of the crosswalk and temporarily stopping the pedestrian in front of the crosswalk so as not to obstruct or endanger the pedestrian crossing when the pedestrian passes the crosswalk.

Nevertheless, the Defendant did not properly check pedestrian signal and did not find out the victim D(76 years old) who was standing a crosswalk according to the pedestrian signal when the Defendant was negligent in moving by right-hand by right-way and driving by right-hand by right-hand, and received the victim as the front part of the freight vehicle being driven by the Defendant.

On May 23, 2015, around 12:40 on May 23, 2015, the victim caused the death of the victim in the F Hospital located in Eunpyeong-gu Seoul Metropolitan Government E due to brain training expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. A traffic accident report;

1. Each photograph;

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

1. In light of the contents of the instant crime and the degree of negligence of the Defendant, which led to the death of the victim who was standing a crosswalk according to a pedestrian signal while driving the vehicle by failing to properly examine the situation where the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act (Optional to imprisonment without prison labor), the criminal liability of the Defendant is considerably heavy, and it is not agreed with the victim’s bereaved family members, and there is a history of punishment for causing traffic accidents even before the Defendant.