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(영문) 춘천지방법원 원주지원 2020.04.24 2019고단1361
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 Grand bus in the Republic of Korea.

On September 21, 2019, at around 19:15, the Defendant driven the above van and proceeded at a speed of about 50 km from the direction of the original station in the direction of D depending on one lane the two-lane road in front of the original city.

At the time, there was a place where a crosswalk was installed at night, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle was a person to cut the crosswalk by reducing the speed and checking well the front door, and prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim to go beyond the road by taking the body part of the victim E (79 years old) to the left-hand side through the crosswalk at the right-hand side by negligence that did not look at the front side properly.

In the end, the above occupational negligence caused the death of the victim due to the cerebral cerebral injury in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. A corpse of corpse;

1. In the application of investigation reports (as to statements of witnesses on the scene of the accident), investigation reports (as to confirmation of video recording devices), and statutes;

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;

1. The fact that the reason for sentencing Article 62-2 of the Social Service Order Act leads to the death of a victim due to an accident at the crosswalk is disadvantageous.

The defendant's mistake is recognized and contradictory to the defendant, and the weather at the time of the case and the clothes of the victim seems to have a certain degree of influence on the occurrence of the accident, and the bereaved family and the bereaved family agree to the punishment of the defendant.

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