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(영문) 서울북부지방법원 2019.01.31 2018고단5324

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 dump truck driving.

On September 20, 2018, the Defendant driven the above truck on September 14, 2018, and driven the first line road in front of Seongbuk-gu Seoul, Seoul, along with one lane from Essc-distance to D, and stopped in front of the crosswalk.

Since there is an intersection with a crosswalk where a signal, etc. is not installed, the driver of the motor vehicle has a duty of care to check whether a person engaged in the driving of the motor vehicle has a road by checking well the right and the right and the right of the motor vehicle, and if there is a person, he/she has a duty of care to prevent the accident in advance by driving the crosswalk in a way that does not interfere with the traffic.

Nevertheless, the defendant neglected this and did not properly confirm that there is a person who gets a crosswalk, and did so, the victim E (the 79-year old age) who dried the crosswalk from the right side of the defendant's proceeding to the left side is the front part of the defendant's driving truck, and the part of the victim's clothes, which was driven on the road due to the shock, was charged with the front part of the above truck.

Ultimately, the Defendant caused the victim's death by occupational negligence as a result of multiple long-term high frequency in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic accidents;

1. Protocol of inspection;

1. A corpse of corpse;

1. Application of CCTV statutes for crime prevention;

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 leads to the death of the victim on the job by causing a traffic accident that leads the victim to his/her shock while proceeding in violation of the duty to keep the victim in front of the day and the duty to protect the pedestrian of the crosswalk.