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(영문) 수원지방법원 안산지원 2020.07.23 2020고단564
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle B 4.5 tons.

On December 26, 2019, the Defendant driven the above cargo vehicle on December 17:55, 2019, and moved down the 548 Silung-ro Scong to the direction of the intersection in the direction of the new village.

At the same time, there is a crosswalk at which signals are installed at night and at that time, so there is a duty of care to temporarily stop in front of the crosswalk in order to prevent accidents in advance, in order to ensure that there is a person who gets on the driver of the truck, who will reduce the speed, and if the pedestrian is passing along the crosswalk, the pedestrian has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the Defendant neglected this and proceeded with the duty of the pedestrian protection in the crosswalk, and caused the victim C (the 68 years old) who was standing the crosswalk in accordance with the pedestrian signals to the right edge of the above cargo vehicle, and led about 100 meters to the her wheels.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of the suspension of cardiopulmonary death due to the interruption of two aggregates at the site.

Summary of Evidence

1. Application of the police's statement to D of the legal statement of the defendant, traffic accident closure photograph, death diagnosis document, and the statute on the body photographic of the defendant;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. According to the sentencing guidelines, the Defendant deposited KRW 30 million for the bereaved family members who did not have the basic area (8 to 2 years) (30 million) of the basic area (8 to 2 years) of the type of general traffic accident (the scope of recommendations). The bereaved family members submitted written consent to the recovery of deposit money.

30 million won deposited by the defendant for the bereaved family members.

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