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(영문) 서울북부지방법원 2020.04.09 2019고단4634
교통사고처리특례법위반(치사)
Text

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

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 driving a dump truck.

On September 3, 2019, at around 08:36, the Defendant started the front road of the Seoul Special Metropolitan City, Nowon-gu, Seoul Metropolitan City C Apartment Ddong along the set-off line from the front of the front of the front of the front of the front of the front of the front of the front of the front of the two-lane of the two-lane of the front of the front of the front of the road in accordance with the

In this case, there is a duty of care to safely drive a road on which a crosswalk is installed. A person engaged in the driving duty has a duty of care to safely drive it by checking whether there is a person walking on the crosswalk before the start of the vehicle.

Nevertheless, the defendant neglected to do so and entered the above crosswalk of the pedestrian on-and-off signals, and let the victim E (the 67 years old) who walked by pushing the wheelchairs on the left side from the right side of the vehicle driving direction of the defendant's vehicle go beyond the road by shocking it into the front side of the left side of the vehicle of the defendant's vehicle, and caused the victim's death to a multi-faceted wound from the left side of the vehicle of the defendant's vehicle.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, report on traffic accident, death certificate, images, photographs, site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act is the defendant's primary crime, except for the history of one accident after obtaining a driver's license in 1985, and there is no traffic offense or traffic accident, and the victim has a considerable fault in the future of the truck that is difficult to discover in the driver's seat because he/she walking along the crosswalk in violation of the signal, and the vehicle driven by the defendant applies to the accident

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