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(영문) 의정부지방법원 고양지원 2021.02.17 2020고단3065

교통사고처리특례법위반(치사)

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving construction machinery B.

On September 6, 2020, the Defendant moved to the intersection of the private distance of the members in the vicinity of C in the Gyeonggi-gu, Gyeonggi-do on September 6, 2020, bypassing from D to U.S. from D to U.S.

On the other hand, there was a crosswalk in which a signal apparatus is installed, so that a person engaged in driving of construction machinery has a duty of care to take care of pedestrians and prevent accidents by driving along the intersection in a case where intending to make a right-hand through the intersection, while paying attention to pedestrians, and driving safely according to the traffic signals.

Nevertheless, the defendant neglected to do so and did not care well, and did not stop by entering the intersection while a pedestrian signal installed on the crosswalk was changed to a green light, and did not stop, and made the victim F (54 years, south) who crossed the road from the bed side to D in the direction right side of the defendant's softener, and went beyond the ground.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the dystyposis and dyspology at the above time and place, the blood transfusion, and the acute organ transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] the death of traffic accident (including the person subject to special sentencing]: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage), and April through one year without prison labor;

3. Determination of sentence: