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(영문) 전주지방법원 정읍지원 2016.07.12 2016고단125
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 D-port cargo vehicle.

On March 8, 2016, the Defendant driven an above cargo vehicle around 11:04, and continued two-lanes of the two-lanes in front of the office of the sub-Eup located in the area of the sub-Eup located in the area of the sub-Eup located in the area of the Seoul Northern-gun, Chungcheongnam-gun, North Korea.

Since there is a place in which a crosswalk is installed, there was a duty of care for pedestrians to safely drive the crosswalk in order for pedestrians to live well.

Nevertheless, the Defendant neglected this and went beyond the road by taking part of the left body of the victim E (Woo 67 years old) who dried the crosswalk on the left side from the right side of the cargo driving direction of the Defendant, which he left on the right side.

Ultimately, the Defendant caused the death of the victim due to the damage of multiple trauma in the previous North Korean University Hospital, which was located in 20, the 16:48 Jeonjin-gu Seoul Special Metropolitan City on the same day due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (as to the accident scene situation)

1. Notification of the actual traffic accident investigation report and the results of comprehensive traffic accident analysis;

1. A corpse death certificate (E);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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 the sentencing of Article 62-2 of the Criminal Act [the scope of the recommended sentence] General traffic accident (the type 2.-10 months) [the person subject to special mitigation] mitigated area (including efforts to recover from damage], and the case of this case's traffic accident is operated on the crosswalk while the defendant is driving a vehicle at the first line among the two-lanes and the four-lane roads.

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