beta
(영문) 수원지방법원 안양지원 2018.07.12 2018고단587

교통사고처리특례법위반(치사)

Text

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

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 driving of freight vehicles C Ⅱ.

On October 11, 2017, the Defendant driven the above cargo vehicle at around 13:20 on October 11, 2017, and proceeded to turn to the left the right at the inner section of the chill road near the aftermath of the chill road in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, in the Dong-dong.

It is a place where a signal apparatus and crosswalk are installed. In this case, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed to a person engaged in driving a motor vehicle, driving a signal, etc. and accurately operating brakes and steering gear while driving a motor vehicle with pedestrians.

Nevertheless, the defendant neglected this and neglected to turn to the left, and did not avoid the victim D (the 77 years old) who was a pedestrian crossing from the right side of the defendant's proceeding to the left side in accordance with the pedestrian signals, and did not have the victim D (the 7 years old) who was standing on the left side of the driver's seat of the above cargo, and did so.

Ultimately, the Defendant caused the victim’s death by occupational negligence on November 30, 2017 due to cerebral macy at the Han-ro University Sung-si Hospital located 22, a 170-ro, in the 20th century during the game where the Defendant was receiving a post-treatment treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident 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, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the agreement with the bereaved family members of the victim and the fact that there is no history of punishment