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(영문) 의정부지방법원 2018.10.17 2018고단2984
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 BMW 520D car.

On May 30, 2018, the Defendant driven the above car at around 17:20 on May 30, 2018, and sent three-lanes in front of the 15th head of Guri-si, as the head of Guri-si, to the seat of the Guri Police Station.

It is an intersection where a signal apparatus is installed, and there is a sign that allows an internship only at the time of signal or walking to the left, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to traffic safety and sign.

Nevertheless, the Defendant neglected this and received the front part of the victim C's car driving's DW WW125 motor paper and the front part of the bicycle on the left side of the bicycle driving, which was driven by the straight line on the opposite side by negligence in violation of the signal in a red situation where both the front pedestrian and the driving signal of the vehicle are red.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim C, such as the frame of the upper upper part of the right upper part, which requires a eight-day medical treatment, and suffered injury to the victim E, who was seated after the bicycle bicycle, such as an external shock, without an open address for about six weeks, and caused the victim F, who was seated in front of the bicycle of the above engine, to death due to the eromatic shock, the external shock, and the eromatic shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A police statement protocol, and a map of locations of witnesses at the scene of an accident;

1. A yellow dust survey report and signal cycle chart;

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

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

1.Article 40 of the Criminal Code of Trade and Trade.

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