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(영문) 의정부지방법원 고양지원 2013.08.14 2013고단358
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for 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 the D mining season.

On 18:50 on 23:20 on 18:20 on 201, the Defendant driven the above softener, and proceeded at a speed of about 20-30 km in speed, depending on the two-lane distance from the side of the civil defense education office, the three-lanes in front of the slot-gu, Goyangyang-gu.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 79) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence of driving the crosswalk in violation of the signal.

Ultimately, the Defendant caused the death of the victim due to severe brain damage in around 19:05 on the same day while he was sent to G Hospital in Gyeyang-gu F in Gyeyang-gu, Soyang-gu and was under medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to H and I;

1. The actual survey report on traffic accidents;

1. A traffic accident report;

1. Accident vehicles and on-site photographs;

1. A CCTV image closure photograph;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

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