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(영문) 의정부지방법원 고양지원 2020.05.27 2019고단2508
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of B 125cc.

At around 20:20 on June 27, 2019, the Defendant came to go straight from D to E, the front of the C apartment at Paju-si.

Since there are three-distance crossings in which signal lights and crosswalks are installed, it was confirmed whether a person engaged in driving of a motor vehicle has a pedestrian walking by checking well the right and right of the front and right of the motor vehicle, and there was a duty of care to drive the motor vehicle safely in accordance with the signals while accurately operating the brake and steering gear.

The Defendant neglected to do so, neglected to neglect the front right and right and right and right and the right and right and right and the Defendant neglected to follow the direction of the Defendant’s running-down to the left and right and received the Victim F (W, 48 years old) from the right side of the Defendant’s running-down to the left side of the road according to the pedestrian signal.

At around 23:53 on July 10, 2019, the Defendant caused the victim’s death by occupational negligence due to cerebral cerebral paralysis, etc. while receiving medical treatment at a H hospital located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A traffic accident report, report on the occurrence of a traffic accident, and site photograph;

1. An inquiry into the enemy (B);

1. A death certificate;

1. Investigation report (report accompanied by the place, photograph, output and output of the interview accident occurred);

1. Application of the provisions of Acts and subordinate statutes to a investigative report (report on attaching to fieldCCTV images at the time of a traffic accident);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Aggravation of the sentencing guidelines: range of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 2] increase factors: Where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the violation of signal signals and the violation of the duty to protect pedestrians at crosswalks).

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