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(영문) 의정부지방법원 고양지원 2018.11.08 2018고단2346
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with D valuable motor vehicles.

On July 2, 2018, the Defendant driven a above-mentioned vehicle around 09:48, and proceeded to turn to the left at the right angle of the direction of the sunlight village 23 complex from the 23rd side of the sunlight village.

Since a crosswalk has been installed, in such a case, a person engaged in driving a motor vehicle had a duty of care to temporarily stop in front of the crosswalk and prevent the accident in advance.

Nevertheless, the defendant neglected this and neglected to turn to the left without looking well at the front side, and the victim E (the remaining, 84 years old) who walked on the crosswalk from the right side of the running direction of the motor vehicle where the defendant is driving, to the left side, was the front part of the motor vehicle for the defendant's driving.

Ultimately, on July 5, 2018, the Defendant caused the victim’s death by occupational negligence at G hospitals located in Yongyang-gu F in Gyeyang-gu, Soyang-gu, Seoul, to “foreign cerebrovascular blood.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, accident video CDs, death diagnosis reports;

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 the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstance for sentencing as follows) led to the occurrence of a serious consequence of the death of the victim by a negligence that the defendant neglected his/her duty of care in the front direction.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and the victim's bereaved family members want to leave the victim's wife against the defendant by agreement with the victim's bereaved family members, and the fact that there is no record of criminal punishment.

(b) other.

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