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(영문) 서울중앙지방법원 2018.10.24 2018고단3189
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On May 3, 2018, the Defendant driven the above van around 17:06, and stopped two lanes from the two-lanes in front of Dongjak-gu Seoul Metropolitan Government E in the signal atmosphere at the crosswalk, but began at a speed of about 15-20km from the side of the name-to-face apartment at the port of the name-to-face large apartment.

At that time, the crosswalk is installed, so in such cases, a person engaged in driving a motor vehicle has a duty of care to view the front door and safely drive the steering system, brakes, and other devices in a safe manner to prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to communicate with the winners, and neglected to do so, and did not discover the victim F (56 tax) who crosses the road without permission from the left side of the moving direction of the Defendant in the crosswalk red signal, and did not discover the victim F (56 tax) who crosses the road without permission from the right side of the Defendant's moving direction, and got the victim into the front part of the above vans, and went into the right side of the above vans.

Ultimately, around May 3, 2018, around 18:04, the Defendant caused the victim’s death by occupational negligence at the Central University Hospital located in the Dongjak-gu Seoul Metropolitan Government Black-ro 102, thereby damaging the fluorous health.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. A report on internal investigation (CCTV image analysis), a photograph of CCTV images released No. 73 on children's safety, a report on internal investigation (CCTV image analysis), a caps of CCTV images, and a report on investigation (H telephone conversationss);

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

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

1. One of the results of the damage on the grounds of sentencing under Article 62(1) of the Criminal Act, the defendant's recognition of and reflects on the crime, and the defendant's signal at the crosswalk stop line.

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