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(영문) 의정부지방법원 고양지원 2015.06.16 2015고단671
교통사고처리특례법위반
Text

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

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On September 16, 2014, at around 08:15, the Defendant driven the above cargo vehicle, and proceeded ahead of the road D at both weeks along one-lane from the red bamboo ginseng distance to the blag.

Since there is a crosswalk as a tri-distance intersection where a yellow on-and-off signal is installed, there was a duty of care to check whether a person engaged in driving motor vehicles has a road crossing by reducing the speed and by properly examining the right and the right of the road, and to safely drive the road.

Nevertheless, the defendant was negligent in driving the above crosswalk by neglecting it and found the bicycle for driving the victim F (the 60-year-old) to build the above crosswalk, and did not stop it but did not stop, and therefore, the part on the left side of the above bicycle was received as the front part of the freight truck.

Ultimately, around September 24, 2014, around 09:59 on September 24, 2014, the Defendant caused the death of the victim due to the suspension of cardiopulmonary function by brain death at the H Hospital located in Jung-gu Seoul Metropolitan Government G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. An investigation report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, and an on-site map of a traffic accident

1. Protocol of inspection;

1. A report on internal dust (investigation into the speed of a vehicle through confirmation ofCCTV and the situation at the time of shock);

1. A death diagnosis report;

1. Application of 14 copies of a traffic accident scene photograph;

1. The reason for sentencing of imprisonment without prison labor has resulted in a result that the defendant is unable to follow the death of the victim by shocking the victim who has boarded a bicycle while driving a motor vehicle. The defendant still did not agree with the bereaved family members of the victim or receive a letter from the bereaved family members. The sentence of imprisonment without prison labor for the defendant shall be sentenced.

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