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(영문) 서울서부지방법원 2018.05.17 2018고단658
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of B-II cargo.

On January 3, 2018, the Defendant driven the above cargo vehicle around 06:05, and led the road of the fourth-lane of Yongsan-gu Seoul Metropolitan Government C in front of Yongsan-gu, Seoul to run approximately 10km each hour at a speed of 10km depending on the south-do boundary from the original intersection.

At the time, it was difficult to turn off the front at night, and there was a crosswalk on which signal lights are installed, so the driver of the motor vehicle is obliged to safely drive the motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as reducing speed and checking the front door well.

Nevertheless, the defendant neglected to do so and entered the crosswalk, and even after the pedestrian signal, etc. has been changed to the red light, the victim D(77 years old), and the victim E(74 years old), who continued to cross the crosswalk, continued to go beyond the land of the victim, after being changed to the red light.

Ultimately, on January 5, 2018, the Defendant caused the death of the victim D, who was receiving medical treatment at the Seoul Hospital affiliated with Yongsan-gu Seoul University, Yongsan-gu, Seoul, 59, by occupational negligence. On January 20, 2018, the Defendant caused the death of the victim E, who was receiving medical treatment at the 10 KaTol University Syle Hospital located in Yeongdeungpo-gu, Seoul, Seoul, to the death of the victim E, who was receiving medical treatment at the 10 KaTol University Syle Hospital on January 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each death diagnosis certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The instant traffic accident starts by the defendant according to the main passage of the vehicle at the intersection.

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