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(영문) 서울중앙지방법원 2020.10.15 2020고단3388
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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.

Around 10:00 on November 9, 2019, the Defendant driven the above truck and stopped the road near Gwanak-gu in Seoul Special Metropolitan City at a speed that cannot be seen depending on one lane among the three-lanes at the seat of a D Hospital from the corner of slick distance.

At this point, there was a pedestrian crossing the road as a place where a house and a commercial building are concentrated, and a dump truck was installed with a sump truck in order to secure the view of the blind part of the blind spot because the driving seat is higher than that of ordinary car, so in such a case, there was a duty of care to check whether there is a pedestrian living around the vehicle and to safely drive the vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not look at the surroundings of the Defendant, and did not discover the victim E (W, 85 years old) who crosses the road to the left from the right side of the Defendant’s vehicle to the left side, and did not discover the victim E (W, 85 years old) who crosses the road from the right side of the Defendant’s vehicle, and took the victim over with the front part of the Defendant’s vehicle, and the head of the victim turns the victim’s head to the front right side of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to the two parts in the workplace.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, traffic accident report, physical inspection report, site photographs, internal investigation report, perusal of black stuffs image, investigation report on the closure of black stuffs image (traffic accident analysis reply), traffic accident analysis report and traffic accident analysis report;

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

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