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(영문) 서울중앙지방법원 2018.04.06 2018고단264
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

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 of Crails.

On October 31, 2017, the Defendant driven a cargo truck on October 31, 2017, and led to two-lanes in front of the Youngdo church, which was in the territory of the Dongjak-gu Seoul, was not good and 156, along the two-lanes in front of the Youngdo church.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether or not a person engaged in driving a motor vehicle has a way to see well the right and the right of the front and right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the defendant neglected this and caused the victim D (the 72 years old) who opened the crosswalk from the right side of the cargo vehicle to the left side by the negligence of driving the vehicle while driving the vehicle, to go beyond the road.

Ultimately, the Defendant caused the death of a victimized person due to the above occupational negligence due to the chest damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (in response to the results of analysis conducted by the Road Traffic Authority);

1. On-site photographs at the time of accident;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (The confession, agreement, record of crimes, etc.);

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