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(영문) 서울남부지방법원 2016.06.16 2015고단5610
교통사고처리특례법위반
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 driving of a vehicle C1 ton and III.

On June 4, 2015, the Defendant driven the above vehicle around 17:00, and led E real estate crossing in front of the E real estate located in Yangcheon-gu Seoul Metropolitan Government, to proceed to the direction of the children’s park in front of the 2nd bank.

In addition, the above road is a place where people have frequent traffic in the surrounding areas and commercial areas, and since an elementary school of static trees is located in the vicinity and the passage of children is frequent, there was a duty of care to safely operate the road by properly examining whether a person engaged in driving service has been completely off the intersection if he/she entered the intersection, and in particular, if a person who falls short of the ability to cope with the situation of children, etc. enters the intersection, he/she has a duty of care to safely operate the road by properly examining whether he/she is safely off the intersection.

Nevertheless, the Defendant neglected this and set the victim F (11) immediately known that the victim F (3) was getting out to cross-section from the room of the front school on a bicycle, but without checking whether the victim was safely out of the scene, the Defendant driven the above cargo again without checking whether or not the victim was out of the site. In order to avoid a collision with the Defendant’s vehicle, the Defendant parked the bicycle, driving the bicycle, driving the bicycle with the rear wheels part of the Defendant’s vehicle, and served the victim’s chest part with the back wheels of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim in his/her job by occupational negligence as above.

Summary of Evidence

1. Statement of witness G;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. Photographs (victims' bicycles, accident vehicles, damage scene, etc.);

1. The Defendant finds that the Defendant was negligent in driving a bicycle and immediately operated the brake, but the victim stopped the bicycle.

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