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(영문) 서울북부지방법원 2019.10.17 2019고단3161
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 the operation of a vehicle in the B-Lober.

On May 14, 2019, the Defendant driven the above car at around 01:39, and led the front road of the Songpa-gu Seoul Metropolitan Government C building to proceed from the shot intersection to the sloping market distance by about 98km each other along the two lanes from the sloping intersection.

At the front of the road, crosswalks are installed and the speed limit is 60 km per hour, so the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 38 km per hour, and was placed adjacent to the right side of the victim D(35 years old) driving on the crosswalk for the victim D(35 years old) who was standing on the top of the instant car.

Ultimately, the Defendant caused the death of the victim at the emergency room of the F Hospital by occupational negligence at around 05:20 on the same day during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the results of the analysis of EDR), investigation report (the confirmation of signs indicating speed limit);

1. The actual condition survey report;

1. A death certificate;

1. An analysis of traffic accidents;

1. An accident scene photograph;

1. Where a person who drives a vehicle on a road which is not an expressway or motorway at night, such as a blackbox and CCTV image, takes care of the restriction on the view of the vehicle in the city compared with the daytime and the movement of the vehicle in the form of the road and the surrounding vehicle or pedestrian;

In addition, there is a duty of care to observe the speed limit, to see the right and the right and the right and the right and right and to drive safely.

However, according to the above evidence, the defendant suffered an accident at night on the road where the speed limit is 60 km/h.

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