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(영문) 서울동부지방법원 2016.07.21 2016고단1488
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On March 7, 2016, the Defendant driven the above cargo vehicles around 13:00 on March 7, 2016, who is engaged in driving D ready-mixed Freight vehicles, and transferred the right-way road on the right-hand road on the right-hand side of Seongdong-gu Seoul, Seongdong-gu, Seoul to the right-hand side of the wing-do.

At the time, a crosswalk without signal lights is installed on the front side of the defendant at the time, and the victim E (V, 75 years old) is trying to cross the road to the left side of the defendant's vehicle. In such a case, the defendant engaged in driving service has a duty to properly check whether the pedestrian gets on the road after completely stopping the vehicle.

Nevertheless, the Defendant neglected this and neglected to use the victim's body so that the victim's body can be used on the road by taking the victim's body in front of the right line of the Defendant's vehicle, and caused the victim's scarbly death in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A death certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the partial negligence of the victim and the agreement with the bereaved family members) or more;

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