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(영문) 서울남부지방법원 2019.05.21 2019고단1397

교통사고처리특례법위반(치사)

Text

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

except that 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

On January 21, 2019, the Defendant, who is engaged in the driving of Lone Star Co., Ltd., was driving the said passenger car around 12:45, and was driving the two-lane road in front of Geumcheon-gu Seoul Metropolitan Government along the two-lane road in the front of the Seoul Metropolitan Government with the single-lane digital circuit area from the independent air basin to the additional digital circuit area.

Since a crosswalk has been installed at a front door, there was a duty of care to check whether there is a pedestrian who gets on the crosswalk, and to prevent the accident, by reducing the speed for the person engaged in the driving of the motor vehicle, and by checking well the right and the right of the road.

Nevertheless, by negligence, the Defendant neglected this and did not avoid the victim D (V, the age of 61) who dried the above crosswalk, and did not get the victim to go beyond the floor by taking the victim to go beyond the floor in front of the defendant's seat.

After all, the Defendant caused the death of the victim due to the above occupational negligence from the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government E, where the victim was under the follow-up treatment at around 13:45 on January 29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A yellow survey report, a blackbbox image CD;

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 concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. The scope of sentencing guidelines set forth by the Sentencing Committee of the Supreme Court in consideration of all kinds of sentencing conditions shown in the arguments in the instant case, including the reason for sentencing under Article 62(1) of the Criminal Act, the degree of illegality of the defendant's negligence, the agreement with the bereaved family members, the purchase of a comprehensive motor vehicle insurance policy, the initial crime, etc., shall be set forth in the same sentence as the order within the basic area of the general traffic accident category No. 2.

It is so decided as per Disposition for the above reasons.