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(영문) 서울중앙지방법원 2018.02.07 2017고단8627
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 engaged in driving CMW 520D vehicles.

On September 29, 2017, around 05:14, the Defendant driven the front road of Gangnam-gu Seoul Customs Office D along the two lanes between the three-lanes in the direction of the private distance in the middle distance in Seoul Customs Office.

Since there was an intersection where a signal, etc. is installed on the front side, the driver of the vehicle has a duty of care to check whether there was a person who gets involved in driving the vehicle to reduce the speed and to see well the right and the right and the right of the road, and to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and got the victim E (65) who crosses the crosswalk at the right side from the left side of the running direction of the Defendant vehicle to go beyond the ground by neglecting the stop signal while passing through the intersection as it is in violation of the stop signal.

Ultimately, around September 30, 2017, around 07:37, the Defendant caused the death of the victim due to the above occupational negligence by cerebral cerebral cerebrovasty in the University Seoul Hospital of Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Each internal investigation report (No. 12, No. 14 once a year), each investigation report (No. 19, No. 22 once a year), the 112 reported case handling table (No. 13 times a year), the traffic accident analysis reply (Road Traffic Authority No. 23 times a year);

1. A death certificate;

1. Application of Acts and subordinate statutes, such as field map (No. 4 times a net time), field photographs (No. 6 times a net time);

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. Selection of imprisonment without prison labor (the fact that the defendant has been punished several times due to the same kind of crime in the past, and the degree of the defendant's breach of duty of care is not easy.

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