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(영문) 의정부지방법원 2020.09.23 2020고단3217
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 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 Bone Star Co., Ltd.

At around 13:25 on May 18, 2020, the Defendant driven the above van, while driving the four-lane road in front of Macheon City along one-lane from the front side of the Government to the one-lane gate, making it impossible to know.

At the same time, the signal apparatus installed on the front side has a sign to turn to the left or to turn to the walking signal, so in such a case, the driver of the vehicle has a duty of care to safely check whether the left-hand turn or the walking signal turn to the intersection as instructed by the sign is used, and to prevent the traffic accident.

Nevertheless, the Defendant neglected this and did not discover the victim D (Nam, 26 years of age) driving, which was proceeding in the opposite direction to marina due to occupational negligence, even though the signal of signal, etc. was green, and did not discover the ethobb, which was proceeding in the opposite direction to marina due to occupational negligence, and was damaged by the back part of the chief left part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim's death by the above occupational negligence in the G hospital located in the Namyang-si, Namyang-si, by the blood shock, while receiving treatment from the G hospital located in the F at the Namyang-si, Namyang-si.

Summary of Evidence

1. A report on the occurrence of a traffic accident by Defendant’s statutory statement, on-site map, actual condition survey report, scene photograph of an accident, and history photograph, and a death diagnosis report on the 112 reported case processing report;

1. Application of Acts and subordinate statutes to report internal accidents (with regard to circumstances involving accidents);

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 for providing community service and attending lectures;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendation [the determination of types] according to the sentencing criteria shall be limited to traffic accidents in general.

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