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(영문) 서울북부지방법원 2019.01.31 2018고단5332

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 construction machinery B.

On October 5, 2018, the Defendant driven the above construction machinery at around 07:50, and proceeded two lanes in front of the D Bank located in Gangnam-gu Seoul Metropolitan Government, Seoul, along with two lanes in the direction of the river basin, at about 5km in speed in the direction of the river basin.

Since there is a place at which a crosswalk is installed, there was a duty of care to prevent accidents in advance, such as checking whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right of the road and the right and the right of the motor vehicle, and if there is a person to walk the crosswalk, it was a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and led to the negligence of bypassing it to the right side of the construction machinery for the Defendant’s driving, brought the wheelchairs on the left side from the direction of the construction machinery for the Defendant’s driving to the front wheels of the construction machinery for the Defendant’s driving.

Ultimately, at around 07:50 on October 5, 2018, the Defendant caused the victim to die with low blood shock shocks on the front side of the D Bank located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of accident video CD-related statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant has caused a traffic accident by violating his/her duty to keep his/her front view and the duty to protect pedestrians, and the victim dies and is also under significant importance

The sentence of imprisonment without prison labor shall be selected against the defendant.

However, the defendant is an elementary offender who is not subject to criminal punishment at all.

The defendant is covered by the comprehensive automobile insurance.