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(영문) 서울남부지방법원 2020.01.07 2019고단5174
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 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 duties of K5 cars.

On August 15:10, 2019, the Defendant was driving the said car at around 15:10, and came to the intersection while driving the road of the front speed of Geumcheon-gu Seoul Metropolitan Government C at the hump from the hump to the hump to the hump.

Since there is no signal signal, in such a case, the driver of the vehicle has the duty of care to prevent the accident by safely entering the intersection by reducing the speed prior to entering the intersection and by properly examining the right and the right and the right of the vehicle. However, the defendant was negligent in doing so and the defendant went to the right side at the left side of the vehicle driving direction without reducing the speed, while driving the bicycle driven by the victim E (e.g., the 47 years old) who entered the intersection while driving the bicycle at the intersection without reducing the speed, and driving it on the right side of the vehicle driving direction.

Ultimately, the Defendant caused the above occupational negligence, which led to the death of the victim at G Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government F on August 18, 2019, due to brain pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report and death diagnosis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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