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(영문) 의정부지방법원 고양지원 2018.09.28 2018고단1962
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 C5 private taxis.

On June 22, 2018, the Defendant moved the front distance of E in U.S.D in U.S. Dong-gu, U.S. into a lake at the center of the bank from the center to the center of the two-lanes.

Since there is an intersection where signal lights and crosswalks are installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this, and neglected it, led to the failure of the front line while crossing the crosswalk from the left side to the right side in accordance with the pedestrian signals, and brought the victim F (F, who started to change the pedestrian signal at a different speed (F, 37 years old) to the front part of the taxi of the Defendant, and led the victim's face to the front part of the taxi.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Gansan Hospital of the Human University around 14:45 on the same day due to the symptoms of cerebral injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. On-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of black stay images);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) is the basic area (8 months to 2 years) [the person subject to special mitigation (including the person subject to special mitigation)] / Cases where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the special law of the teaching sector is serious, or in cases of a crupt driving (the decision of sentencing) is violated.

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