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(영문) 의정부지방법원 2019.03.13 2018고단4950

교통사고처리특례법위반(치사)

Text

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

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 the business of driving the B Dongyang Truck Truck truck truck truck vehicle in the name of the Southern Sea Market.

On November 2, 2018, the Defendant driven the above cargo vehicle around 10:10, and moved to the right of way from the direction of the training place of the reserve forces at a speed of about 20 km per hour, depending on one lane towards the training place of the reserve forces from the direction of the gold basin in front of C in the south of the Gyeonggi-do.

At the same time, a crosswalk without any signal has been installed, so in such a case, the driver of the motor vehicle has a duty of care to stop the vehicle to check whether there is a pedestrian to walk the crosswalk, to check whether there is a pedestrian or not, and to accurately manipulate the steering direction and the steering mechanism, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (the age of 84) who has dried the crosswalk to the port from the right side of the course due to negligence that led to neglecting the duty of front-time watch, and did not discover the victim D (the age of 84) to the left side of the direction, and continued to use the victim as the part before the right side of the driver's freight and continued to use it on the road due to the shock, and led the victim to the right side and the rear wheels.

Ultimately, the Defendant caused the victim to die by occupational negligence at the F Hospital located in Ge-si E in Ge-si, Ge-si, Ge-si, Ge-si, Ge-si on November 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. A photograph of each accident site;

1. A death certificate;

1. Application of video CD-related Acts and subordinate statutes;

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, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment according to sentencing guidelines by the Supreme Court] of the Social Service Order is not subject to punishment for the mitigated area of general traffic accidents.