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(영문) 서울남부지방법원 2019.01.08 2018고단5171

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a maximum term of one year and ten months in a short term.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service B.

around 04:00 on August 26, 2018, the Defendant driven the B Oralb, and driven the four-lane road in front of Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu, along three-lanes from the remote distance to the private distance from the Gu telephone station at a speed of about 60km.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and caused the death of the victim D (the 60-year old) who dried the crosswalk from the left side of the Defendant due to the occupational negligence, disregarding and proceeding the vehicle driving signal even though it was a stop signal, by taking the victim D (the 60-year old) to the right side of the Defendant, leading the victim to the death of the victim due to the external stress felbling and the blood transfusion at the E Hospital around 07:59 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. Reports on traffic accidents, photographs of the scene of accidents, and photographs of the dead of the traffic accident;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. In light of the fact that the reason for sentencing of Article 2 and Article 60(1) of the Juvenile Act is very serious in the defendant's negligence and the result of the crime, the defendant caused traffic accidents immediately before the traffic accident in this case, and even if the defendant caused traffic accidents due to signal violations, it is inevitable to sentence the defendant to the punishment.

However, it is shown in the trial process of this case, including the fact that the defendant has led to the crime, that the defendant has agreed with the bereaved family members, and that it is still an age juvenile, such as age, character and behavior, environment, and criminal record.