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(영문) 의정부지방법원 2016.05.13 2016고단37
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a mast vehicle in C.

On September 5, 2015, the Defendant driven the above cargo at the front distance of 1308, Gyeongyang-si, Gyeongyang-si, around 12:05, around 12:05, at the southyang-si, while driving the above cargo at the rear distance of 1308, at the southyang-si, at the parallel line inside the parallel of the west-si at the southyang-si, the Defendant proceeded at an insular speed along the two-lanes between the two-lanes.

At the time, there are three-distances where signal lights are installed on the front side, 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 side, and there was a duty of care to safely drive the motor vehicle in accordance with traffic signals to prevent accidents in advance.

Nevertheless, even if the Defendant neglected this and neglected to stop on the front bank, and instead the transport signals are changed to the stop signal, the Defendant received the victim D (73 years old) who was crossing the left-hand side from the right-hand side of the above cargo vehicle due to the negligence that continued to go at the same speed due to the failure of the signal, and received the victim D (73 years old) who was going to the left-hand side of the above cargo vehicle.

Ultimately, around January 2, 2016, the Defendant caused the death of the victim due to an occupational negligence, such as an external depression, which had no open address in two areas.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions and a report on occurrence;

1. Application of a part of the Acts and subordinate statutes to inquire of victimsD residents;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents) [the person subject to special mitigation] [the person subject to special mitigation] who is not subject to punishment [the sentence] six months without prison labor, six months without prison labor, and one year of suspended execution: The defendant's negligence of driving a vehicle in violation of the signal and causing the death of the victim, etc. which are favorable to the result: The defendant committed the crime of this case.

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