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(영문) 의정부지방법원 2018.07.20 2018고단1587

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. However, the execution of the above sentence shall be suspended for a period of 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 the operation of Dunsta car.

On November 4, 2017, when the Defendant driving the said car at around 05:25 on the south-si, and driving the intersection in front of the E in front of the off-dong community service center at the open-air tunnel, the Defendant did not find out the victim FF (73 tax) who was a bicycle riding on the right side from the left side of the course of the course of the course due to occupational negligence and did not find out the bicycle to the right side, and caused the victim by shocking the bicycle on the right side of the Defendant’s driver’s driver’s above car to damage the bicycle beyond the floor, and caused the victim’s death during treatment at the Hanyang University Hospital located at around 08:58, Gi-ri-si around 14, 2017, in Hanyang University Hospital at around 153 at the right side of the said bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on site photographs;

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 the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act lies in the occurrence of the instant traffic accident due to the Defendant’s neglecting his/her duty of care in advance, and the occurrence of the victim’s death is serious.

However, the location where the accident in this case occurred is an intersection where signal lights are installed, and the victim, despite the fact that the victim was a red signal from the intersection where the bicycle was loaded on night, he was faced with the defendant's vehicle that had been driving on the road normally according to the straight line while driving the bicycle on the crosswalk, and the victim's negligence is very high.

In addition, the defendant recognized all of the crimes of this case, and there is no criminal record of punishment exceeding the same criminal record and fine, and the damage suffered by the victim or bereaved family by the motor vehicle comprehensive insurance in which the defendant has joined.