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(영문) 의정부지방법원 2018.11.21 2018고단3869
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of a third-party taxi.

On May 21, 2018, the Defendant driven the above taxi on May 21, 2018, and driven the two-lane road in front of the Guri-si, Guri-si, along the three-lane from the north of the river to the north of the river, proceeded at an insular speed.

At the same time, there is a crosswalk installed a signal signal at the front of that place, so the driver has a duty of care to safely drive according to the traffic signals while checking whether there is a person who gets a way to reduce the speed and check the front door well, and the driver has a duty of care to safely drive the road.

Nevertheless, the Defendant did not properly examine the front door and found the victim E (52) who was walking the crosswalk from the right side to the left side in accordance with the pedestrian signals by negligence in violation of the signal, and found it late later, and received the victim's bicycle from the front side of the above taxi and got the victim go beyond the ground.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as pressure on brain pressure and training paralysis, etc. at the Hanyang University Hospital located in Chuncheon 153, around May 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Accident scene and vehicle photographs;

1. A criminal investigation report (verification of accident scene and video records) and a criminal investigation report (verification of signal cycle);

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 According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] General Traffic Accident No. 2 (Death by Traffic Accidents) (4-1 year) [the person subject to special mitigation] punishment is not imposed (including the person subject to serious efforts to recover damage), the range of sentence compared with recommended sentences: April-1 year [the sentence].

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