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(영문) 의정부지방법원 2013.05.31 2013고단453
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in driving CM vehicles.

On November 16, 2012, the Defendant driven the above vehicle at a speed of about 50km per hour according to green signal, driving on the 20:30 on November 16, 2012, and driving on the 717th Doducheon Fire Station, driving on the Doducheon Fire Station, driving on the east 717 Doducheon-si.

At the time, there was a night and a slope, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, to report the traffic situation well and to prevent the accident in advance by driving the vehicle safely.

Nevertheless, the defendant neglected this and found the victim D (the 65 years old) who cross the crosswalk on the right side of the red signal from the left side at the front direction of the defendant's vehicle due to the negligence of neglecting it, and caused the victim's head part in front of the defendant's vehicle.

As a result, the Defendant caused the death of the victim due to brain training at the E Hospital on November 23, 2012 due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A death certificate;

1. Photographs photographs (field photographs);

1. Signal frequency table, investigation report (ctv investigation);

1. Application of the dispatching Acts and subordinate statutes to traffic accident analysis results;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Social Service Order Criminal Act is that the victim died due to the Defendant’s negligence, and the responsibility is heavy, and the victim’s bereaved family members were not fully agreed with.

Provided, That the fault of the victim who illegally crosses the crosswalk signal shall be significant, and the comprehensive motor vehicle insurance shall be made.

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