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(영문) 전주지방법원 2020.08.12 2020고단365
교통사고처리특례법위반(치사)
Text

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

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 dump trucks driving.

On January 30, 2020, the Defendant driven the above truck on 07:00, and stopped the stop line after the stop line, while driving the two-lanes of the three-lane roads of “D” in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, toward the side of the Jinjin-gu square, in accordance with the Jeonjin-gu red signal, while driving the two-lanes of the three-lanes of “D.”

Since the place is where signal apparatus is installed and there is a pedestrian crossing the road, the person engaged in the driving duty of the motor vehicle has the duty of care to observe the signal and to safely drive the road after a thorough examination as to whether there is a pedestrian walking on the road.

Nevertheless, the Defendant neglected this and neglected to look at the Defendant’s front right, neglected the stop signal without properly examining whether there is a pedestrian on the front left of the truck, and neglected the stop signal, and neglected the victim E (the age of 82) crossing the intersection from the right side of the running direction of the truck to the front part of the truck, and neglected it as it is.

At around 07:21 on January 30, 2020, the Defendant caused the death of the victim at the Jeonjin-gu University Hospital located in Geumcheon-gu Seoul Metropolitan City on the foregoing occupational negligence due to the multiple trauma damage.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to photographs of accident site and CCTV images;

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;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Class 2] mitigation element of traffic accident death [special sentencing person]: Reduction element of punishment (the recommended area and recommendation range]; reduction range of punishment; reduction range;

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