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(영문) 춘천지방법원 2015.06.11 2015고단409
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a sealed truck.

On February 24, 2015, at around 10:30, the Defendant driven the above cargo vehicle, and led to the two-lane road in front of the Seongbuk-si Automatic in Chuncheon-si, along two-lanes from the side of the Chuncheon Elementary School, to the Sung-si Hospital at an insular speed.

Since signal lights are installed on the front side of the road along the defendant's moving direction, there was a duty of care to reduce the speed and safely drive a motor vehicle in accordance with the signals to the driver and not to obstruct or endanger pedestrians' crossing.

Nevertheless, the Defendant neglected this and proceeded without complying with the signal even if the vehicle stopped signal, and caused negligence to enter the crosswalk, and caused the victim C (58 years old) who dried the crosswalk according to the pedestrian signal to shock the front part of the said cargo vehicle.

Ultimately, at around 01:57 on March 3, 2015, the Defendant caused the death of the victim by the occupational negligence in the Korea National University of Chuncheon Hospital, which was located in 77, as a Chuncheon Sincheon-si, to the long-term divers of cerebral cerebral cerebralop and cerebral cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. CCTV photographs;

1. Statement made to D by the police;

1. A written diagnosis of death against C;

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

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. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) (Article 8-16) (Special Mitigation) (Article 3(2) (Article 3(2) (Article 3(2))).

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