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(영문) 수원지방법원 안산지원 2020.05.15 2019고단4633

교통사고처리특례법위반(치사)

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B digging machines.

On October 22, 2019, at around 06:47, the Defendant driven the above digging rangeer and proceeded along the three-lanes of the shooting distance of the grassland elementary school, which is located in the 153-lane grassland in Ansan-si, Asan-si. Around October 22, 2019, from C University to the 12-lanes.

Since there is an intersection where a signal, etc. is installed, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to stop the vehicle driving signal while proceeding, and neglected to stop, caused the victim who cut the crosswalk to the port from the right side of the direction of the Defendant, depending on the pedestrian signal, to cut off the crosswalk to the left side of the direction of the Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence, resulting in the death of the victim due to the aggravation of dratulation from the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, on-site photographs, and photographs of the dead body of a traffic accident;

1. Images extracted from CCTV images, investigation reports (CCTV images), investigation reports (signal signal cycles and crime prevention camera images);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, selection of imprisonment without prison labor

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions

1. Social service order under Article 62-2 of the Criminal Act;