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(영문) 의정부지방법원 고양지원 2015.12.15 2015고단2686

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving a DNA truck.

On August 19, 2015, the Defendant driven the above truck and proceeded to turn to the left at a speed of about 20 km from the seat of the motor vehicle registration office at the seat of the Pungdong Elementary School at the speed of about 20 km at the speed of the speed of 10 km, which is located in the Pungdong-gu Pungdong-gu, Seoyang-si.

However, at the time, a pedestrian crossing with signal lights is installed at the point where the right turn turn turn is finished. In such a case, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles by checking the direction of the driving, the existence of pedestrians on the crosswalk and the crosswalk, and the situation.

Nevertheless, the Defendant neglected this and went beyond the ground by taking the victim E (70 years old) who was standing on the left side of the above crosswalk from the right side of the direction of the Defendant to the right side of the case according to the Mad pedestrian's signals.

Ultimately, the Defendant caused the victim to die from cerebrovascular in the East-gu Eastdong University Hospital located in the Dongyang-gu Dongdong-gu, Dongyang-si, Dongyang-si, where the Defendant was under transmission treatment on August 19, 2015 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to the survey report on actual condition, each photograph, and death 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, and Article 268 of the Criminal Act.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing guidelines (determination of types), traffic crimes, general traffic accidents, Type 2 (Death, etc. of Traffic Accidents) (Special Sentencing) and illegality in the proviso of Article 3(2) of the Special School Regulations is serious.