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(영문) 대전지방법원 천안지원 2014.10.17 2014고단975

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Punishment of the crime

The defendant is a person who is engaged in driving of private taxi B.

At around 20:40 on December 28, 2013, the Defendant proceeded at a speed of about 78km at a speed of 78km in Si/Gun/Gu, depending on the two-lanes from the metapt bank, at the entrance of the correctional3-lane, at the new Si/ Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon.

Since a crosswalk is installed, a driver of a motor vehicle shall not drive the motor vehicle at such a speed or in such a manner that may cause danger and harm to others according to the traffic situation of the road and the structure and performance of the motor vehicle, and in particular, in cases where an intersection or crosswalk is installed in the front direction of the road, a driver of the motor vehicle shall not drive the motor vehicle at such a speed or in such a manner as may cause danger and harm to others.

Nevertheless, due to the negligence that the defendant neglected this and proceeded along, the part of the body part of the pedestrian C (58 years old) who was the victim crossing the road by the crosswalk from the left side of the defendant's proceeding to the right side, was shocked with the front front gate of the defendant's front gate and the glass part, and the victim exceeded the same two-lanes.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence at a single university hospital located in Yananananan-si, around 21:38 on the same day due to the diversification of physical parts.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of the police against D;

1. Each police statement related to E, F, and G;

1. The actual condition survey report;

1. A death certificate;

1. A written appraisal and a written appraisal for autopsy;

1. Application of the Acts and subordinate statutes related to the scene of the accident, vehicle photographs, and motion picture pictures;

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. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.