(영문) 서울서부지방법원 2018.10.04 2018고단2341

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(영문) 서울서부지방법원 2018.10.04 2018고단2341

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 C-L car.

On January 6, 2018, around 05:14, the Defendant proceeded along four lanes from the direction of the Yongsan-gu Office in Yongsan-gu in Seoul Special Metropolitan City to the front of the Green History street, which is located in the 134-ro of Yongsan-gu, Yongsan-gu, Seoul.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the front door and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected this and went beyond the right side of the vehicle driving by the victim D (74) who was crossing the victim D without permission from the right side of the defendant's running on the left side by negligence.

Ultimately, around January 6, 2018, at around 06:19, the Defendant caused the death of the victim due to the above occupational negligence from the damage of two parts at the Yongsan-gu Ambassador-ro 59, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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. The sentence shall be determined as ordered in consideration of all the circumstances, such as the fact that the vehicles with reason for sentencing under Article 62(1) of the Criminal Act are subscribed to the comprehensive automobile insurance, the fact that the victim has agreed with his/her bereaved family members, the fact that the crossing victim would have been grossly negligent in the occurrence of the accident even to cross the crossing victim in violation of the signal, and the age, sex, and environment of the

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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