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(영문) 광주지방법원 2019.02.12 2018고단5074

교통사고처리특례법위반(치사)

Text

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

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 wing and cargo vehicle B.

On October 25, 2018, the Defendant driven the above cargo vehicle at around 15:00, and led to the left turn to the left of the road of 154 way independently from the south-gu Seoul metropolitan area.

At the time, a crosswalk is installed on a road that enters the left-hand turn, so in such a case, there was a duty of care to check whether there is a person who gets on a crosswalk by temporarily stopping the driver and checking the right and the right and the right and the right of the driver and to safely drive the crosswalk.

Nevertheless, the Defendant neglected to do so and proceeded along as it is by negligence and thereby received the victim D (the age of 72) who walked along the crosswalk from the right side of the vehicle driving freight to the left side of the crosswalk, as it is, as it is, the front part of the vehicle driving freight.

Ultimately, around November 5, 2018, the Defendant caused the death of the victim by occupational negligence, such as brain pressure at the F Hospital located in Gwangju Dong-gu, Gwangju, by causing the victim to die.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] and Article 2 of the General Traffic Accidents (Death, etc. of Traffic Accidents): Reduction element - In cases where illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Specialized School Act is serious [the scope of recommendation area] and the basic area [the scope of recommendation area] from August to two years [the general person] - there is no history of criminal punishment - Major reasons for mitigation : In cases of negative death, the proviso to Article 3 (2) of the Special School Act shall be applicable.