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(영문) 춘천지방법원 원주지원 2019.10.30 2019고단508
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Bsch Rexton vehicles.

On April 18, 2019, the Defendant driven the above vehicle on April 10, 2019, and led to the driving of the road near the city of nuclear power in the direction of nuclear power.

There is a road with a crosswalk, and in this case, there was a duty of care to safely operate the vehicle driver by accurately operating the front and rear system, steering system, and brake system.

Nevertheless, the defendant neglected this and changed the pedestrian signal to a stop signal due to negligence, and then brought the victim over the floor by shocking the right side side part of the victim D (n, 76 years old) who walked along the crosswalk to the front part of the vehicle left by the defendant's vehicle, and led the victim to the front part of the left side.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, and around 11:36 of the same day, from the F Hospital located in Suwon-si E, the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the actual situation investigation report, case-related photograph, internal investigation report, each investigation report, death diagnosis report, and criminal records-related Acts and subordinate statutes;

1. The grounds for sentencing under 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 constitute cases where there are certain negligence in the occurrence of traffic accidents or the expansion of damage. The defendant's vehicle driven at the time of the traffic accident in this case is considered to have been covered by the comprehensive motor vehicle insurance and thus, considerable damage to the bereaved family members of the victim is deemed to have been incurred. A criminal agreement was made with G among the bereaved family members of the victim. However, G was not fulfilled after the above agreement was reached on July 23, 2019 on the ground that it did not deliver the transfer documents to the defendant's automobile insurance company.

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