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(영문) 수원지방법원 성남지원 2016.03.24 2016고단444
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 dump trucks driving.

On February 27, 2016, the Defendant moved to the right angle of 5 km each hour at a speed of 5 km each hour from the direction of the shot frame to the direction of the Gu viewing along the three-lanes of the three-lane roads, which are the direction of the 175 Sinnam City, by the revision of the Sinnam-si Sin-si, Sungnam-si on February 27, 2016.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, due to negligence by neglecting the stop signal and bypassing it as it is, the victim E (V, 65 years old) crossing the crosswalk from the right side of the truck driving by the defendant to the left side in the direction of the direction of the proceeding, and the head, etc. of the victim was sent back to the front side of the left side.

Ultimately, the Defendant caused the death of the victimized person due to the occupational negligence as seen above, in the same place, a multi-presidential frame, such as two cells, and a blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, and an autopsy report;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence shall be suspended by taking into account the following facts: (a) although there was a serious result of death due to traffic accident due to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) however, the victim’s bereaved family members agreed to agree with each other and their mistake

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