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(영문) 서울남부지방법원 2016.09.29 2016고단2422
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On April 30, 2016, the Defendant driven the above cargo vehicles around 17:00, and led to turn to the left in the direction of bank trees shooting distance from the shores of Geumcheon-gu Seoul Metropolitan Government on the front of the intersection.

Since there is a pedestrian crossing on which a signal, etc. is installed, the driver of the motor vehicle has a duty of care to observe the signal to the person engaged in driving the motor vehicle and to safely drive the crosswalk by checking whether there is a pedestrian or not.

Nevertheless, the defendant did not discover the victim E (n, 93 years old) who dried a road at a point beyond about 1m from the crosswalk in accordance with the pedestrian signals due to negligence while driving the road due to negligence and did not discover the victim E (n, 93 years old) and caused the damage to the front part of the cargo vehicle of the defendant to be exceeded the floor.

Accordingly, the Defendant caused the victim's death by occupational negligence on April 30, 2016, at G hospitals located in Geumcheon-gu Seoul Metropolitan Government F, to cause the victim's death by blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the provisions of Acts and subordinate statutes on CCTV images, CCTV images, accident scene, and photographs of vehicles, visual photographs, death photographs, death reports, autopsy records, and CCTV image photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Circumstances that are favorable for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant's motor vehicle is insured by the comprehensive motor vehicle insurance; the speed of the motor vehicle driven by the defendant at the time of collision is not fast; the victim was standing off the crosswalk and was crossing the road; the defendant deposited a total of KRW 10 million for the bereaved family members of the victim as compensation for damage; and there is no criminal record other than punishment of KRW 1 million in 2001;

c.0 disadvantageous circumstances: there is an agreement with the bereaved family members of the victim.

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