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(영문) 수원지방법원 안산지원 2019.05.31 2019고단621

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.


Punishment of the crime

The Defendant is a person who is engaged in driving of a cargo vehicle B 2.5 tons in Ethy.

On December 24, 2018, around 08:16, the Defendant came to proceed with the first Do of C in the direction D from the Myeon to the Myeon.

At the same time, there is a pedestrian crossing without signal lights on the front door, and in such cases, if the driver of the vehicle reduces the speed to the driver of the vehicle, well sees the front door, and pedestrians pass the crosswalk, there was a duty of care to prevent accidents in advance by temporarily stopping in front of the crosswalk, checking pedestrians, and safely driving the crosswalk.

Nevertheless, the defendant's negligence of neglecting this and led the victim E (53 years of age, female) who crosses the right on the left side of the crosswalk to the front part of the defendant's vehicle.

Ultimately, the Defendant caused the death of a victim by occupational negligence at a F Hospital located in the Namdong-gu Incheon Metropolitan City, which was receiving a post-treatment treatment on December 25, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the actual condition of survey and a report on the occurrence of traffic accidents;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes to accidents, on-site photographs, dead photographs, and shock sphographs photographs;

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 of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Normal circumstances that are disadvantageous to a decision on sentence: Pedestrians; and