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(영문) 의정부지방법원 고양지원 2017.01.19 2016고단3513
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 a B-II cargo vehicle.

On August 2, 2016, at around 12:50, the Defendant proceeded at a speed of about 30km from the right side to the right side of the gold village, depending on one lane among two lanes, at a speed of about 56km from the right side of the right side to the right side of the gold village.

At all times, the intersection with on-and-off signal such as yellow has been installed and a crosswalk has been installed on the front side. In such a case, there was a duty of care to check whether a person engaged in driving service has a duty of care to safely drive the road by reducing speed or temporarily stopping the right and the right.

Nevertheless, the Defendant neglected to do so and neglected to stop in front of the yellow, etc., and neglected to stop in front of it, and instead neglected the signal, and instead, she was placed on the right side of the road at the crosswalk, and was placed in front of the cargo vehicle C (72).

Ultimately, the Defendant caused the death of the victim by occupational negligence at the E hospital located in Gyeyang-gu, Soyang-gu, Gyeyang-gu, where the victim was under the treatment of transmission after around August 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] The victim died due to the instant traffic accident in the following cases: (a) the mitigation area (4 months to 1 year) (including special mitigation persons) [including efforts to recover damage] punishment not (including a serious effort to recover damage].

The result of the crime is very severe, and the responsibility of the defendant is heavy.

However, the defendant is against the defendant, and the victim's bereaved family members agree.

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