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(영문) 의정부지방법원 2016.04.01 2015고단4809
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 B Poter Cargo Vehicles.

On October 14, 2015, the Defendant came to proceed at a speed of 50km each other at a speed of 50km each other between the two lanes in the speed of 17:37 and the speed of 50km each other, from the shooting distance protection area in the city of Hancheon-si, Hancheon-si at the speed of 17:37.

At the time, there is a person driving a crosswalk in the front section, and in such a case, the driver of the vehicle was obligated to operate the steering gear, brake system, etc. safely by checking well the right and the right and the right of the front section.

Nevertheless, the defendant did not discover the victim D (80) who passed the crosswalk due to the negligence of neglecting this, and did not discover the victim D (80) who passed the crosswalk, and the defendant shocked the victim's right side by the front of the cargo tank.

Ultimately, the Defendant caused the death of the said victim by occupational negligence from the F Hospital located in Spocheon-si E around October 30, 2015 due to brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report, on-site map, and on-site photographs;

1. A death diagnosis report or postmortem report;

1. Application of Acts and subordinate statutes to medical certificates, dead bodies, and death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident [the person subject to special mitigation] [the person subject to punishment] who is not subject to punishment [the imprisonment without prison labor for 8 months and 2 years disadvantageous to the suspension of execution], the circumstances that are favorable to the death of the victim who was a crosswalk due to the defendant's negligence in driving: The defendant is against all of the crimes in this case; the defendant is admitted to all of the crimes in this case; the victim is covered by the comprehensive insurance; the victim's family members and the victim agreed to take relief measures after the accident; the defendant's age, sex, intelligence and environment; the relation between the victim and the victim; and the motive for the crime.

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