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(영문) 의정부지방법원 고양지원 2013.04.19 2013고단202
교통사고처리특례법위반
Text

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

except that 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 of freight cars.

On November 27, 2012, the Defendant driven the above cargo vehicle around 06:03, and led to a three-lane road of the meal distance in front of the meal living distance in the Yongsan-gu, Busan-gu, Seoyang-si, Gyeonggi-do, to drive a three-lane road at a speed of about 60km from the boundary of the vehicle registration office to the boundary of the street.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents by driving safely according to the traffic signal, such as thorough operation of the front-distance, accurate operation of the steering and steering devices, etc. for those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected to do so and neglected to change the progress signal to the stop signal, and neglected to proceed in violation of the signal, and thereby, followed the right side of the road by the victim E (the age of 65) who proceeded along four lanes from the right side of the five-lane course to the left side of the road, received the full part of the F Freight Vehicle driven by the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the H hospital located in Goyang-dong G in Goyang-gu, Goyang-gu, Gyeonggi-do, which was under the follow-up treatment at around 07:18 on November 27, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the prosecutorial statement concerning I;

1. Each police statement made to J and I;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to autopsy reports, signal cycle signs, autopsy records, accident video records and video records;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence) has resulted in serious consequences of the death of the victim due to the Defendant’s violation of the Defendant’s signal signal. Nevertheless, the Defendant would resolve the pain of the bereaved family.

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