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(영문) 전주지방법원 2018.02.13 2017고단2285
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 201, the Defendant was a person who is engaged in driving vehicles of ready-mixed Construction Machinery C, and was driving the said vehicle in front of the recommended intersection in 169 on the recommendation of Seojin-gu Seoul Special Metropolitan City on August 5, 2017, by driving the said vehicle in front of the 169, and driving it bypassing the two-lane road from the dives of devibration to the new wind outflow.

At the same time, the crosswalk and the pedestrian signal were installed. In such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering right and the steering system and operating the steering system in a safe manner.

Nevertheless, the Defendant neglected to do so and proceeded bypassing it without permission, and caused the part of the bicycle left side of the victim D (78 S) driving in accordance with the victim's Mad pedestrian safety.

Accordingly, the Defendant caused the death of the victim at the previous North Korean University Hospital, which was located in the 20th Seoul Special Self-Governing Province, around 10:40 on the same day due to such occupational negligence, due to the diversified damage to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (related to securing accident booms images);

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to dead bodies;

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 the selection of imprisonment without prison labor;

1. An agreement is reached between the victim and the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution and Order to Attend the community service order and Article 62-2 of the Criminal Act, and the vehicle is also covered by a comprehensive insurance. There is no criminal record against the Defendant. On the other hand, the Defendant caused an accident while driving a ready-mixed vehicle without considering the victim's signal lights or the location of the crosswalk.

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