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(영문) 수원지방법원 성남지원 2014.05.22 2014고단180
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 15:00 on November 15, 2013, the Defendant was driving a C6.5 tons truck, and the Defendant was driving in the Si, Sejong-si, Sejong-si, in accordance with three-lanes of the three-lane distance in front of the apartment, at approximately 60km from Daejeon-si to the tent.

Since there is a crosswalk where a signal, etc. is installed, in such a case, the driver of the motor vehicle has a duty of care to check whether the driver of the motor vehicle is a person driving the motor vehicle on the crosswalk and to safely proceed according to the traffic signal.

Nevertheless, the Defendant neglected this and proceeded with the red signal as it is, due to the negligence of the Defendant’s failure, and the victim D (60 years old) who was standing on the right side of the Defendant’s running direction along the signal of the horse, was placed a front part of the said truck.

Ultimately, at around 18:07 of the same day, the Defendant caused the victim's death by the dump shock shocks caused by the dump of dump, during the course of being treated by the F hospital located in the Heung-gu, Young-gu E at Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

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 selection of

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act is that the negligence of the Defendant, which caused the instant traffic accident, is serious, and that the occurrence of the result of the victim’s death is disadvantageous; however, the accident vehicle is subscribed to the Financial Cooperative; the Defendant has agreed with the victim solely with his/her bereaved family members; the Defendant has no specific criminal records other than the minor number of fines (the previous offense of violation of the Road Act).

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