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(영문) 전주지방법원 2019.03.29 2018고단2388
교통사고처리특례법위반(치사)
Text

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 B-E cargo vehicle.

피고인은 2018. 9. 19. 05:35경 전북 완주군 이서로 85에 콩쥐팥쥐로에 있는 이서사거리를 전주방면에서 김제방면으로 편도 2차로 중 1차로를 60km/h의 속도로 진행하였다.

At the time, the front door of the road was not secured due to the front door of the road, and there was a pedestrian crossing in the front door, so the person engaged in driving service has a duty of care to view pedestrians walking along the crosswalk and to safely drive the crosswalk due to the front door and the left side of the road and the yellow light.

Nevertheless, the Defendant neglected this and found the victim C (here, 85 years old) walking on the left side of the Defendant’s vehicle at late time according to the bicycle crossing by the occupational negligence, which proceeded as it is, and received the victim from the left side of the Defendant’s vehicle.

Ultimately, due to such occupational negligence, the Defendant caused the death of the victim while getting the victim transferred to a hospital located in Seocho-gu, Seoul Special Metropolitan City on September 19, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A death certificate;

1. The actual condition of traffic accidents;

1. On-site photographs of traffic accidents;

1. A report on internal investigation (related to the day of accident);

1. Application of Acts and subordinate statutes to drillings (traffic signal apparatus management registers, etc.);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents Type II (Death, etc. caused by Traffic Accidents) (4-1 years) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. Due care shall be exercised to the defendant who has rendered the decision of sentence due to yellow depression and destruction; and

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