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(영문) 서울동부지방법원 2018.04.13 2018고단245
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of B digging machines.

On December 14:24, 2017, the Defendant operated the above digging range, and proceeded four lanes in front of the Jin apartment, which was located in 383, Songpa-gu, Songpa-gu, Seoul Olympic Winter, along the four-lane from the intersection south of the Olympic Winter to the intersection of the Jin apartment, the lower court went through the four-lane from the intersection of the Jin apartment to the intersection of the Yancheon-do, the lower court went into the intersection of the mountain village of the mountain village of the Republic of Korea, and then led to the right bypassing at the upper speed.

At the front of the road, there is a crosswalk on which signal lights are installed, so the driver of the motor vehicle had a duty of care to safely circumvent the road while checking whether there is a person who is in charge of driving the motor vehicle, by living well on the front side and the left side, by observing the signal lights, etc., and by checking whether there is a person crossing the crosswalk.

Nevertheless, the defendant violated the signal and neglected to pay attention to pedestrians crossing the crosswalks as it is, and due to the negligence of bypassing it, the part of the victim C (W, 57 years old) crossing the above crosswalks from the right side of the running direction of the above locker to the left side of the above locker, and let the victim go over to the right side of the locker and let the victim go over to the right side of the locker, and the part of the victim's flicks were turned over to the right side of the above locker.

Accordingly, the Defendant caused the victim to die by his occupational negligence on December 14:37, 2017, from the Seoul Masan Hospital located in 43 Doo-ro 88, Songpa-gu, Songpa-gu, Seoul, to be caused by a low-weight shock caused by mass transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A traffic accident report;

1. A death certificate and a written report of autopsy;

1. Application of statutes on site photographs;

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. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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