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(영문) 광주지방법원 2013.07.25 2013고단2195
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a concrete mixed truck.

On April 20, 2013, the Defendant driving the above cargo vehicle around 08:50 on April 20, 2013, which led to the progress of the Gecheon-si, Geumcheon-gu, Geumcheon-gu, Geong rice and rice village road, into the Gwangju-gu side.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, by neglecting this, the Defendant neglected to change the vehicle's progress signals to the stop signal, and was negligent in proceeding as it was, the Defendant received the victim C (75 years old) who dried the crosswalk from the right side of the Defendant vehicle to the left side of the pedestrian signal.

Ultimately, the Defendant caused the victim C’s occupational negligence by causing the death of the victim C with acute pressure from an emergency room of the E Hospital located in the Dong-gu Seoul Special Metropolitan City, Gwangju, which was undergoing the follow-up treatment at around 13:10 on April 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Evidence and photographs of the traffic accident;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The punishment as ordered shall be determined by comprehensively taking into account the fact that a victim died due to a traffic accident committed by the defendant for the reason of the enhancement of Article 62-2 of the Criminal Act, and the fact that the victim's bereaved family members and the victim's bereaved family members have agreed (agreement amounting to 40 million won) and the defendant has no record of punishment of a fine or heavier, etc.;

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