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(영문) 수원지방법원 성남지원 2016.10.13 2016고단1841

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of freight cars.

On April 17, 2016, the defendant driving the above cargo vehicle around 05:50 on April 17, 2016, and led to the driving of the new apartment distance from the entrance of the new apartment in the Gju-si in the Gju-si.

At the front of the road, crosswalks are installed on the right side, and the vehicle signal was operated by yellow on-and-off signal, so in such a case, there was a duty of care to check whether a person engaged in driving the vehicle is a pedestrian walking the crosswalk well and to prevent the accident by driving it.

Nevertheless, the defendant neglected this and continued to go beyond the road by taking the victim E (77 years old) who crosses the crosswalk from the right side of the defendant living together to the left side of the defendant's vehicle into front of the left part of the defendant's vehicle.

Ultimately, at around 08:45 on the same day, the Defendant caused the death of the victim by blood taking care of the Seoul National University Hospital located in the branch of Seoul Special Metropolitan City, a 173 Do-ro 82, Seo-gu, Sungnam-si, Sungnam-si on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record exceeding a fine and there is no criminal record, the fact that the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the bereaved family members and their bereaved family members agree smoothly);

1. Order to attend lectures under Article 62-2 of the Criminal Act;