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(영문) 서울동부지방법원 2018.05.31 2018고단863
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 of C Freight.

On January 29, 2018, the defendant driving the above cargo vehicle around 07:17, and driving the three-lane road in front of the E in Seoul Special Metropolitan City Gwangjin-gu D along the private distance of the Gu from the long distance protection area of the Gu to the remote distance of the Gu.

On the other hand, there was a crosswalk where signal lights are installed at the front door, so in such a case, it was necessary to confirm whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the signal was changed to the stop signal of the vehicle, and the Defendant did not find the victim F (24 years old) to the left-hand side by using the crosswalk in accordance with the pedestrian signals, and did not find the victim F (24 years old) and did not go beyond the ground by receiving the victim from the front-hand part of the freight truck of the Defendant.

As a result, the Defendant caused the death of the victim due to the negligence in the above business, such as brain-resistant explosion in the National University Hospital outside of the National University Hospital and the department of the middle patient room, where the victim was under the after-sales treatment on January 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the actual survey report, a traffic accident situation report, field photographs, and 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: A serious consequence has occurred that is the death of the victim, and that the defendant caused an accident due to the defendant's signal violation and that the defendant's negligence is highly favorable: The defendant's mistake is against himself/herself and divided, the first offender is the defendant, and the vehicle of the defendant is the defendant.

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