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(영문) 전주지방법원 2016.07.19 2016고단329
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 rocketing cargo vehicle.

On March 1, 2016, the Defendant driven the above cargo vehicle at around 20:16, and passed through the intersection while driving the two-lane road at the lower end of the Felel-gu, Seoul Metropolitan City, in front of the Felel-gu, Seoul, in front of the three-lane.

At the time, the crosswalk was installed in the intersection, so in such a case, the driver of the motor vehicle has a duty of care to check whether there is a pedestrian who has a road in the crosswalk and its vicinity, and to safely drive the motor vehicle in advance to prevent the accident.

Nevertheless, the Defendant neglected this and found the victim G (V, 74 years old) who crosses the crosswalks without permission from the left side of the road due to the occupational negligence of operating the front side as it is without due care, from the left side of the foregoing cargo vehicle to the right side of the road, and caused the victim to go beyond the road by taking the front part of the above cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on March 2, 2016, on the grounds of acute stress in the previous North Korean University Hospital, which was located in the 20-ro, Young-gu, Seoul Special Metropolitan City on March 2, 2016, due to a traffic accident, in the previous North Korean University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. On-site photographs, on-site photographs, and motion picture images of Ma1 Motor Vehicle Trackers;

1. A death certificate;

1. Application of Acts and subordinate statutes No. 1 of Mac-1 Vehicle Trac-Scam image CDs

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds shall be considered in favor of the accused) (the scope of the recommended sentence) (the general traffic accident).

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