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(영문) 서울동부지방법원 2016.11.30 2016고단2915
교통사고처리특례법위반(치사)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Cump trucks.

On July 19, 2016, the Defendant, around 16:18, was proceeding from the right edge to the cheon-gu, Gangdong-gu, Seoul, about 341 degrees from the right edge of the East apartment.

At the time, there is a road where the signal signal of the non-protection line is installed, and the width is narrow, and there is a place for pedestrian traffic, so the driver of the motor vehicle has a duty of care to prevent the accident in advance by driving the pedestrian with due care and safe driving.

Nevertheless, the defendant neglected this and neglected to turn to the left immediately according to the non-protective left signal, and caused the victim D(70 years old) who dried the crosswalk in front of the left side of the defendant's sailing direction, according to the pedestrian signal, to the front part of the defendant's vehicle.

Ultimately, around July 21, 2016, the Defendant caused the death of the victim due to brain death at the Gangnam-gu University Hospital located in Gangdong-gu Seoul, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. An accident actual situation survey report and each investigation report;

1. A death diagnosis report and a written record of autopsy;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] the general traffic accident category 2 (traffic accident death, etc.) mitigation area ( August 2): the penalty is not imposed (the decision of sentence] Defendant’s failure to build the crosswalk according to the pedestrian signal without protecting the victim, and resulting in a significant result of his death.

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