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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2336
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who drives a dump truck as his/her duties.

On August 11, 2015, the Defendant: (a) moved to the intersection of the instant private distance from the flost to the flost distance inside the flost on the flost, in the direction of the flost, in the direction of the flost, 16:40.

In this case, the driver of the vehicle has a duty of care to safely circumvent the right and the right and the driver of the vehicle has to check whether there is a pedestrian on the crosswalk without a signal installed on the right side of the front.

Nevertheless, the Defendant neglected to do so and did not discover the victim E ( South, 74 years old) who was moving the crosswalk from the direction of the salary-line to the front side of the Defendant’s vehicle, and shocked the victim’s front side of the Defendant’s vehicle, and caused the victim’s death due to the scarcity damage on the same day while he was sent back to the hospital and received treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A death certificate;

1. Application of Acts and subordinate statutes to scene photographs of victims of accidents;

1. In light of the circumstances surrounding the accident, the degree of negligence of the Defendant was serious, and the occurrence of a serious consequence that the victim died due to the pertinent legal provision on the crime, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, prior to the reason for sentencing

In 2014, the defendant has been punished twice for traffic crimes, such as drinking, even though he/she was subject to a disposition not to prosecute for committing a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

No agreement has been reached with the bereaved family members.

However, considering the fact that the defendant led to the crime, and the fact that the vehicle of this case is covered by comprehensive insurance in favor of the defendant, the age, sex, environment, educational background, family relationship, health status, victim's age, accident circumstance and contents, and circumstances after the crime are considered.

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