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(영문) 의정부지방법원 2017.05.19 2016고단5209

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the driver of a enclosed and third cargo vehicle.

At around 10:10 on June 10, 2016, the Defendant proceeded one way prior to the entrance of the direct sugar breadth, which is located in 1392, Sinwon-gun, Gangwon-do, Jeonwon-gun, Chungcheongnam-do, Seoul Special Metropolitan City, at a dived speed from the west Bridge, to the dives of Captain-do, the Defendant proceeded at a dived speed.

On the other hand, there was an intersection that is not supported by traffic control, so there was a duty of care to check whether there was a vehicle crossing by reducing the speed or temporarily stopping the vehicle for those engaged in driving, and to drive the vehicle.

Nevertheless, the Defendant neglected to do so on the part of the part of the victim D (son, 73 years old) driving from the right side of the victim D (son, 73 years old) who entered the intersection to the intersection due to the occupational negligence in the course of the Defendant’s course, and shocked into the part of the front part of the Defendant’s vehicle.

Ultimately, at around 10:44 of the same day on the same day due to the above occupational negligence, the Defendant caused the death of the victim to the F Hospital located in the Iron-gun E, Gangwon-do, due to the brain death during the course of being escorted.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was very serious and the result of the instant case was not agreed upon, the victim’s negligence was an accident caused by competition, a comprehensive insurance was subscribed, the Defendant deposited KRW 5,00,000 for the victim’s bereaved family members, and the Defendant did not have any particular power to do so, a punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing as indicated in the arguments and other circumstances