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(영문) 서울중앙지방법원 2013.09.13 2013고단4713
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driver of B 24 tons dump truck.

Around 13:05 on June 25, 2013, the Defendant driven the above vehicle, and proceeded along the three-lane 966-lane in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, along the road-lane from the national university room to the three-lane road. On the same day, the Defendant entered the red signal crossing in violation of the provision of the vehicle stop signals, and entered the red signal intersection, by negligence in the course of business that violated the duty to protect pedestrians in the crosswalk, and by negligence in the course of business that violated the Defendant’s duty to protect pedestrians in the crosswalk, and by the Defendant’s right side of the victim C (n, 81 years of age) who dried the crosswalk in accordance with the pedestrian signals under the pedestrian signals, from the right side of the road of the Defendant, caused the victim’s death to the upper right side of the vehicle in the E Hospital located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, occupation of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] Traffic Crimes, General Traffic Accidents, Type 2 (Special Aggravation of Traffic Accidents Death, etc.] - Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (fence violation, pedestrian protection obligation of crosswalks) - Reduction element: Non-compliance with the punishment [Scope of Recommendation Penalty] from August to June (Basic Area) [Determination of Sentence] Defendant is driving a vehicle;

The crime of this case, which caused the death of the victim by shocking the victim who dried the crosswalk in accordance with the pedestrian signals in violation of the signal, is not less than that of the crime of this case.

However, the defendant's act of committing the crime in this case is committed in depth, and the defendant's vehicle is covered by a comprehensive insurance, and the victim's bereaved family members and the victim's family members.

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