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(영문) 의정부지방법원 2015.04.28 2015고단647

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA vehicle.

On December 04, 2014, the Defendant driven the above vehicle at around 06:07, while driving the vehicle at around 06:07, the Defendant driven the three-lane in front of the E in front at the southyang, along the two-lane distance from the separate side to the departure point of view.

A person engaged in the driving of motor vehicles has a crosswalk at night, and the traffic is controlled according to the traffic signals of vehicles and pedestrians, etc., he/she has a duty of care to thoroughly stop on the front side and proceed pursuant to the new subparagraph.

Nevertheless, the Defendant, while neglecting the above duty of care, is proceeding in violation of the signal despite the red signal of the front-side vehicle.

From the right side of the course to the left side of the crosswalk, the victim F (54 years of age) who crosses the crosswalk in accordance with the crosswalk signals was shocked.

Ultimately, at around 05:47 on December 31, 2014, the Defendant caused the death of the victim at the Hanyang University Hospital located in the Hanyang-si Hospital, Hanyang-si, 153, due to the above occupational negligence, due to the debrisoning damage below the credit rating.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. The application of photographs and C.D. laws and regulations

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that there exists no history of punishment except for the punishment imposed twice due to a sound driving, the fact that the victim and his/her bereaved family members have agreed smoothly, and the fact

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. of Traffic Accidents) (Special Mitigation) (Special Mitigation) / Cases where illegality in the proviso to Article 3 (2) of the School Specialized Law is serious (decision of sentence] 10 months without prison labor and two years of suspended execution;