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(영문) 전주지방법원 군산지원 2017.12.13 2017고단1136
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 engaging in driving construction machinery C.

On July 14, 2017, the Defendant driven the above-mentioned vehicles around 09:10 on July 14, 2017, and proceeded with the roads in front of the Doksan Cultural Center, which are located in 529 in the Doksan City, in the direction of the National Sports Park.

Since there are crosswalks in which signal lights are installed, there was a duty of care to prevent accidents in advance by checking whether there is a person who gets to drive a vehicle by reducing speed and by checking well the right and the right and the right of the vehicle.

Nevertheless, the Defendant started to cross the above crosswalk on the right side from the left side by negligence while neglecting this, and continuously discovered the victim D (the age of 62) who was crossing the pedestrian signal after changing the pedestrian signal to the red, and tried to find the victim of the vehicular road to drive the Defendant.

결국 피고인은 위와 같은 업무상 과실로 피해자로 하여금 그 자리에서 두개골의 으깸 손 상 등으로 사망에 이르게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the order to provide community service and attend lectures [the scope of recommended punishment] The mitigated area of the two types of general traffic accidents (the type between April and one year) [the victim] [the person subject to special mitigation] also has considerable negligence in the occurrence of traffic accidents or the expansion of damage (the decision of sentence] [the defendant's criminal liability is not weak in light of the victim's death caused by the accident in this case, but the vehicle of the defendant's driver was covered by a comprehensive insurance, and the crosswalks on green warning signals.

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