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(영문) 의정부지방법원 2019.06.12 2019고단1664
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 a car B i40.

On February 15, 2019, the Defendant driven the above vehicle around 14:10, and proceeded to turn to the left at the right angle from the Dr. Dr. distance in Guririri City, to the right angle from the right side of the parallel.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to make sure that the traffic situation is well reported and safely drive the motor vehicle to prevent the accident

Nevertheless, as the defendant neglected this, while crossing D from the side of the boarding side of the pedestrian crosswalk when the signal of the pedestrian crosswalk is green, the above crosswalk signal was changed to redly, and the victim E (78 years old) who was on the crosswalk was on the crosswalk was collisioned with the driver in front of the car driving by the defendant.

Accordingly, the defendant, by occupational negligence, was escorted to G hospital located in the F of the Junggu Seoul Metropolitan Government and was under medical treatment by the victim E.

3. 13. Around 04:50, it resulted in the death of cerebral livers due to acute refladrosis.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing under the sentencing guidelines of the Supreme Court) [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations according to the sentencing guidelines] shall be the traffic crime group of general traffic accidents in the area of special mitigation (if there is considerable negligence on the injured party for the occurrence of traffic accidents or the expansion of damage from traffic accidents, it shall also be deemed that there

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