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(영문) 의정부지방법원 2020.11.10 2020고단3644

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a dump truck vehicle.

On May 28, 2020, the Defendant driven the above vehicle at around 12:50, and proceeded to turn to the left at the right angle of the Man-do in front of C at the southyang-si.

At this point, the signal apparatus and crosswalk are installed in a red on-and-off vehicle and a crosswalk. In such a case, there was a duty of care to prevent accidents by temporarily stopping the vehicle before entering the intersection and driving the steering gear and brake system accurately.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to proceed with it, and neglected the victim E (the age of 82) who dried the crosswalk in the Madump truck vehicle in the front part of the dump truck vehicle with a view to the Madump distance from the dump dyp dump D middle school room.

Ultimately, the Defendant caused the victim to die at the same accident site due to multiple occupational injuries, etc. due to the above occupational negligence.

Summary of Evidence

1. The application of Acts and subordinate statutes governing the police's statement to F; 1. The investigation report on the actual condition of the police's statement to F, the autopsy report, the autopsy report, and the on-site photograph of the autopsy certificate;

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

1. A person who drives a dump truck on the grounds of sentencing under Article 62(1) of the Criminal Act shall pay attention to the characteristics of dump truck in the course of driving. Therefore, the Defendant’s breach of duty of care is not somewhat weak.

There was a serious result of the victim's death.

However, the defendant does not want to punish the defendant by mutual consent with the bereaved family members.