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(영문) 전주지방법원 2018.10.02 2018고단1364
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 Bone Star Co., Ltd.

On April 25, 2018, the Defendant: (a) around 17:40 on April 25, 2018, sent the roads prior to the “D food,” located in Yansan-gu, Yansan-si, Yancheon-gu, to the right-side of the cry field.

Since there are two crossings where signal lights and crosswalks are installed, the driver has a duty of care to check whether there is a pedestrian by making it possible for a person engaged in driving service to know whether there is a pedestrian or not, and to drive safely according to the new code.

Nevertheless, the defendant neglected this and did not discover the victim E (W, 66 years old) who dried the crosswalk in accordance with the new code at the fixed side of the defendant's office due to negligence in the course of his duty, disregarding the stop signal, and received the front part of the above car.

Ultimately, on May 1, 2018, the Defendant caused the death of the victim by occupational negligence at G hospitals located in the Yansan-gu, Yan-gu, Seoul Special Metropolitan City on May 1, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (in relation to signal systems and ctv verifications);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (8 to 2 years) basic area (the person subject to special mitigation (including efforts to recover damage) / Cases where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act is serious, or cases of bad driving (the decision of sentence] in the case of bad driving (excluding the case of sentence) where the defendant is the primary offender, and the fact that the defendant agreed with the victim is favorable to the defendant.

However, there was a result that the defendant's mistake caused the death of the victim, and in light of the circumstances of the accident, the day is the week.

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