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(영문) 의정부지방법원 고양지원 2014.11.27 2014고단1640
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in the driving of a cargo vehicle, with Party B, with Party B,14 tons or more.

On April 10, 2014, the Defendant driven the above cargo vehicle on April 10, 2010, and stopped in front of the crosswalk in front of the crosswalk while driving in the direction of luminous in the direction of the high-speed road of 184 wheel-ro, Seoyang-gu, Seoyang-gu.

At the time, there is a frequent time for pedestrians to walk and a crosswalk installed at that place. In such a case, the driver of a motor vehicle has a duty of care to start the motor vehicle after checking whether there is a pedestrian who gets on the crosswalk and the right and the right and the right.

Nevertheless, the Defendant neglected this and went to the port from the occupational negligence of leaving the cargo vehicle as it is, and went to the port from the right side of the cargo vehicle direction, after going to the port side of the victim C (n, 77 years old) with the front side of the cargo vehicle, and turned to the front side of the cargo vehicle with the front side of the cargo vehicle.

As a result, the Defendant caused the death of the victim by occupational negligence as “the suspension of cardiopulmonary death by multiple long-term depression” at the same place.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes concerning traffic accidents, actual condition investigation reports, bus booms images, and body autopsy reports;

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

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

3. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant violated the duty to protect pedestrians in the crosswalk and causes the victim's death or the irrecoverable result, etc., which is disadvantageous to the defendant.

On the other hand, the defendant recognized the facts charged in the instant case and opposed thereto, and his bereaved family does not want punishment against the defendant by mutual consent with the bereaved family members.

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