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(영문) 서울남부지방법원 2019.02.14 2018고단6577
교통사고처리특례법위반(치사)
Text

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

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

On November 1, 2018, the Defendant operated B rocketing car at around 22:30, and led Geumcheon-gu Seoul to proceed to the roads near the Seoul Metropolitan Government at the night of the horse shooting distance.

Since there is a signal apparatus installed, in such cases, a driver of a motor vehicle has a duty of care to keep the signal well so that it does not conflict with pedestrians, etc.

Nevertheless, the Defendant neglected the above duty of care and proceeded with red stop signals in violation of such duty of care, thereby facing the victim D (23 years old) who was crossinged according to the pedestrian signal at the crosswalks.

Accordingly, the Defendant caused the victim's death by occupational negligence in E University F Hospital on November 2, 2018 due to severe brain damage, etc. at around 00:10 on November 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A CD in a vehicle accident incident incident CD, a vehicle black image, a photograph of the scene of the accident, a photograph of the scene of the accident, and a video CD in a witness vehicle;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

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

1. The act of causing the death of pedestrians in contravention of the vehicle stop signal for sentencing of Article 62-2 of the Social Service Order Criminal Act, and the defendant's negligence is very serious.

However, it shall be considered that the defendant has agreed with the bereaved family members and that the motor vehicle comprehensive insurance has been subscribed to.

Other punishment shall be determined as ordered in consideration of the sentencing conditions, such as the age, character and conduct, environment, criminal records (no criminal records shall be imposed once a fine is imposed for another type of crime) of the accused, etc.

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