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(영문) 수원지방법원 2014.04.24 2014고단286

교통사고처리특례법위반

Text

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

except that 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 who is engaged in the operation of a vehicle for collecting excreta from five tons of a septic tank.

On December 12, 2013, the Defendant driven the above cargo vehicles around 06:20 on December 12, 2013, and proceeded along one lane from the direction of the reservoir in the direction of the day, while making a turn to the left at an irregular speed.

At the same time, the person engaged in driving service was obliged to safely drive according to normal signals by reducing the speed of the person who is engaged in driving service on a three-distance intersection where signal lights and crosswalks are installed.

Nevertheless, the defendant neglected this and did not find out the victim C (70 years of age) crossing the crosswalk in the direction of the old-speed distance due to the negligence of left-hand turn, even though the vehicle is red signal, and conflict with the victim's body with the front wheels of the left-hand.

At around 07:03 on the same day as above, the Defendant caused the death of the victim C in the E hospital emergency room located in Young-gu, Suwon-si, Suwon-si, due to the heart marbry, external brue, etc. of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. The report on traffic accidents, the actual condition survey report (1), and (2);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflective fact, the first crime, and the fact that the victim's bereaved family members and the bereaved family members do not want the punishment of the defendant by mutual consent);