beta
(영문) 서울남부지방법원 2019.07.23 2019고단1340

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of dump truck construction machinery.

On September 1, 2018, the Defendant driven a dump truck at the above dump truck on September 15:28, 2018, and turn to the left at an aesthetic speed toward the intersection of D in front of Kimpo-si from E to Kimpo-si.

The location was the intersection where signal lights are installed in the front of the children protection zone.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the defendant neglected this and did not stop the signal of the front side before the intersection, but left, and the victim F (10 years old) who enters the crosswalk on the right side of the rear side of the road along with the bicycle driver's vehicle, driven by the victim F (10 years old) who is going to the right side of the rear side of the bicycle driver's vehicle in the front side of the bicycle driver's vehicle.

As a result, the Defendant caused the victim to die due to the above occupational negligence on September 1, 2018, at around 15:44, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A report on actual condition and a written investigation of dead bodies;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The defendant shall be sentenced to a punishment in light of the fact that he/she violates Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the reason for sentencing a sentence of imprisonment without prison labor, and causes the death of a victim crossing a crosswalk, and no agreement has been reached, but the statutory detention shall not be made to observe the principle of a non-detained