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(영문) 서울중앙지방법원 2018.06.21 2018고단2564
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of 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 a Crane car.

On February 6, 2018, the Defendant driven the above car at around 12:00 and led to the air exhauster from the upper gate of the road in front of Dongjak-gu Seoul Metropolitan Government D to the air exhauster.

Since a crosswalk without signal, etc. is installed at the front of that place, in such cases, the driver has a duty of care to check whether there is a person who gets on a road by reducing the speed and by checking well the right and the right and the right of the driver, and to prevent the accident by driving safely.

Nevertheless, the Defendant neglected this and operated a crosswalk without signal lights to the right side from the left side of the proceeding direction due to the negligence of the Defendant’s negligence, and then delayed to see the victim E (n.e., 59 years of age), but did not avoid the situation, and the victim’s body part was shocked to the right side of the victim and went beyond the road. As a result, on February 9, 2018, the victim died of the victim to “honing side side side of both sides of the two sides” while being treated at the Han-gu, Yeongdeungpo-gu, Seoul Metropolitan University Hospital at the Han-gu, Seoul Metropolitan City New-ro 1.

Accordingly, the defendant driving a car at the franchise by the above occupational negligence, resulting in the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual conditions of the site;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. It shall be decided as the Disposition for the reasons under Article 62(1) of the Criminal Act, such as the suspension of execution (the fact that it has been agreed with the bereaved family members smoothly with the bereaved family members, the first offender, and the second offender in depth);

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