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(영문) 서울동부지방법원 2020.02.19 2019고단3425
교통사고처리특례법위반(치상)
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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 is engaged in driving a dump truck.

On June 22, 2019, the Defendant driven the above truck, around 06:50 on June 22, 2019, and continued to run the e-house gate from D surface to E-house gate according to four lanes among the five-lane roads in Songpa-gu Seoul Metropolitan City.

Since there is an intersection where signal, etc. is installed on the front side, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle driving a motor vehicle driving through the intersection by reducing the speed and by properly examining the front side, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, despite the fact that the defendant neglected this and the defendant's direction signals are red, while entering the intersection in violation of the signal, he did not discover the GJ-WW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, due to the above occupational negligence, the Defendant caused the victim F to suffer injury, such as the right-hand chill, etc., which requires approximately four weeks of treatment, and, at the same time, caused the victim H (ma, 64 years of age) who is the passenger of the victimized vehicle, to death by the cardiopulmonary brain injury in the I Hospital on November 14, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and J;

1. A report on the actual condition of traffic accidents, and a report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to each medical certificate and death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 of the Criminal Act:

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