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(영문) 서울중앙지방법원 2017.03.08 2016고단9406

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of B Poter II cargo vehicles.

On October 20, 2016, the Defendant driven the above cargo vehicle on October 16:15, 2016, and came to turn to the left at the right of the road of one lane in front of Dongjak-gu Seoul Metropolitan Government C from the right of the opposite market.

On the other hand, since a crosswalk without signal lights is installed, a person engaged in driving duties of a motor vehicle has a duty of care to temporarily stop in front of the crosswalk in order to ensure the safety of pedestrians, and then proceed with the duty of care.

Nevertheless, the defendant neglected to turn left the crosswalk and caused the victim to go beyond the road by shocking the head part of the victim D(78) which cross the crosswalk from the right side to the left side of the crosswalk.

Accordingly, the Defendant caused the victim to die from her occupational negligence on October 21, 2016 at a middle-patient hospital located in Dongjak-gu Seoul Metropolitan Government E on October 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of traffic accidents;

1. Statement of the police statement related to G;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, the fact that the reason for sentencing is an accident on the crosswalk, the fact that the victim's death is serious, etc., shall be considered as favorable circumstances, such as the defendant's recognition of and reflects the crime, the fact that there is no previous conviction except for a home protection case in 2009, and that the victim's bereaved family members are smoothly agreed with the victim's bereaved family members and their bereaved family members