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(영문) 서울중앙지방법원 2018.04.26 2018고단90

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in dump trucks driving.

On September 25, 2017, the Defendant driven a dump truck around 11:56 on September 25, 2017, and driven the front road of Jongno-gu Seoul Metropolitan Government E in front of the road in front of the Changnam-dong, Seoul, at the intersection of Changnam-do, along one-lanes of the two-lanes in front of the crosswalk.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as checking whether a driver of a motor vehicle has a traffic situation well and whether there is a person to build a crosswalk according to pedestrian signals.

Nevertheless, the Defendant neglected this and proceeded as it is by negligence in violation of the signal, and did not find the victim F (F, 65 years old) who was towing a bicycle on the right side of the crosswalk, leading the bicycle on the left side, and received it to the front part of the right side, and then caused the death of the victim at the Seoul National University Hospital around 12:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A report on internal accidents (survey of potentials);

1. On-site photographs;

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

1. The grounds for sentencing under Article 3(1), the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, concerning criminal facts, are covered by a comprehensive insurance.

However, considering the fact that the degree of violation of traffic laws and regulations is important, and that there is no agreement with the damaged bereaved family members, it is reasonable to sentence the sentence stated in the order.

It is so decided as per Disposition for the above reasons.