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(영문) 의정부지방법원 2016.10.28 2016고단1895

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who drives a spectrum car.

On February 27, 2016, the Defendant driven the above vehicle around 07:35, while driving the vehicle, and making the cross-road of the original luxal ri-ri distance in the Cheongpong-si of Gyeonggi-gu to the left-hand turn from the horizontal luxal.

이곳은 교통신호기가 설치되어 있는 아스팔트 포장된 ㅜ자형 교차로로 당시 피의차량 좌측 춘천에서 서울방면 1차로에 D 메가트럭암롤 차량이, 같은 방면 2차로에 피해 E 포터Ⅱ 화물차량이 각각 직진신호를 받고 직진하는 중이었다.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and driving on the road well, and to prevent accidents by driving safely according to the traffic signal.

Nevertheless, the defendant neglected this and caused the back part of the vehicle under the front part of the damaged vehicle Class II due to the negligence of driving the left-hand turn on the vehicle stop signal as it is, and continued to shock the front part of the damaged vehicle into the front part of the damaged vehicle.

Ultimately, the Defendant caused the death of the Victim F (38 years of age, female, etc.) by occupational negligence as seen above and caused the death or injury to the victim as shown in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Each statement of H and I;

1. The actual condition survey report;

1. Each protocol of inspection;

1. Each written diagnosis;

1. Application of investigation report (verification of speed of damaged vehicles) Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

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

1. Selection of type of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;