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(영문) 서울서부지방법원 2020.02.06 2019고단3540

교통사고처리특례법위반(치사)

Text

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

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 Grand Co., Ltd.

On August 6, 2019, the Defendant driven the above van on the 14:54 on August 6, 2019, and led the road of the 1-lane 25-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to proceed at about 35 km each hour from the long-distance side of the Yongsan-gu market to the latter.

A person engaged in driving of a motor vehicle has a duty of care to check and drive the safety of the motor vehicle after stopping at a sufficient interval by reducing the speed and taking the attitude of the motor vehicle when there is a pedestrian.

Nevertheless, the Defendant neglected to drive a stroke while neglecting this, and neglected to drive the stroke, and instead neglected to drive the stroke, and received the victim D (year 52) who was walking along the right side of the road at the right side of the direction.

Ultimately, the Defendant caused the death of the victim at the F Hospital located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around August 6, 2019 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with his/her bereaved family members, circumstances of the accident, degree of negligence, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;