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(영문) 의정부지방법원 2017.12.19 2017고단3892
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 fixed cargo vehicles E.

On June 15, 2017, the Defendant driven the above vehicle at around 13:55, and made the front of the 252-1 third-party 2 to turn left at the right side from the right side to the right side of the north.

At this point, since the signal apparatus and crosswalk are the three-lane intersections between the two-lanes, the driver of the motor vehicle has a duty of care to check whether there is a person who temporarily stops or strings the way while driving the motor vehicle at a low speed, and to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn left by the red signal while disregarding that the vehicle signal has been changed to the red signal, and received the victim F (F, 79 years of age) who dried the mast at the crosswalk as it was by negligence, as the front part of the left part of the vehicle.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence at the Gangwon University Hospital, which was located in 156, Gangwon-si, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City, caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents) [Special mitigated Persons] Punishment / [including efforts to recover damage] / Decision on the sentence] : The serious result of the death of a victim; the violation of signal and crosswalks is an accident: Provided, That it is considered that the defendant has violated signal signals, the circumstances leading up to the violation of signal signals, the agreement with the victim and his/her bereaved family members; the first crime is considered comprehensively;

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