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(영문) 의정부지방법원 2019.07.03 2019고단1573
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 of B Poter cargo vehicles.

On December 6, 2018, the Defendant, around 11:45, proceeded from D to E store, about a speed of 40 km from D to E store.

Since a crosswalk without signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to see well the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, the defendant neglected this and did not discover the victim F (the age of 52) who was moving to the right side from the left side of the bed while driving it as it was, and the defendant got the victim as a part of the partitions behind the driver's seat of the above cargo vehicle.

Ultimately, at around 00:17 December 12, 2018, the Defendant caused the death of the victim due to such occupational negligence from the H hospital located in the Gu Government-si G to the brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. The actual survey report on traffic accidents;

1. On-site photographs and photographs of accident vehicles;

1. A death certificate;

1. Visual photographs;

1. Application of the laws and regulations on black booms and video CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation according to the sentencing guidelines of the Supreme Court] The general traffic crime group: the special mitigation area (if a victim has been negligent due to the occurrence of a traffic accident or the expansion of damage to a traffic accident, it is not punishable, and two to one year) [the decision of sentence] the victim crossinging the crosswalk caused by a traffic accident caused by the defendant causing the serious result of the death of the victim.

However, this case is against the defendant's recognition of the crime.

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