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(영문) 수원지방법원 안산지원 2013.05.21 2013고단770

교통사고처리특례법위반

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On February 20, 2013, the Defendant driven the above truck on February 15, 2015, and tried to drive the apartment park, which is located in the Yang-dong of Sinung-si, from the Jeju Jeju Gotdo to the Myeonkdo.

On the one hand, there is a crosswalk where signal lights are installed on the front door, so it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to see well the front door, and there was a duty of care to prevent the accident to be safely driven according to the traffic signal in advance.

Nevertheless, the Defendant was negligent in doing so, while proceeding with yellow signal, and the Defendant was able to find out and immediately find out the victim C (the age of 67) who was standing on the port from the right side of the direction of the Defendant’s sailing in accordance with the pedestrian signals, and then was able to avoid this. However, the Defendant was able to avoid this, but was able to receive the victim by driving ahead of the truck without facing it.

Ultimately, at around 18:50 of the same day, the Defendant caused the death of the victim due to a diverosis due to long-term damage at the D Hospital in Silung-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A death diagnosis report and a written record of autopsy;

1. Each photograph;

1. Application of Acts and subordinate statutes to traffic accident reports and traffic accident occurrence reports;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. It shall be taken into account that the defendant is against the reason for sentencing under Article 62(1) of the Criminal Act, that there is no previous conviction, that there is no previous conviction, and that the victim’s bereaved family does not want punishment. It is so decided as per Disposition for the above reasons.