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(영문) 전주지방법원 군산지원 2015.04.29 2015고단157

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 the duty of driving the Grand Britain.

On December 4, 2014, at around 13:09, the Defendant operated the said vehicle at the front side of the E-road located in Sinsan City, Sinsan-si, and proceeded at the speed of the U.S. at the speed of the two lanes, one of the two-lanes of modern coaches distance.

Since there is a place where a crosswalk without signal, etc. is installed, in such a case, when a person engaged in driving a motor vehicle passes the crosswalk, he/she had a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the crossing.

그럼에도 피고인은 이를 게을리한 채 막연히 운행하여 위 차량 진행방향 좌측에서 우측으로 횡단보도를 횡단하는 피해자 F(64세)를 늦게 발견한 과실로 위 피해자를 위 차량 앞면 부분으로 충격하고, 눈길에 미끄러지면서 노상에 넘어진 피해자를 차량 하부로 역과하여 그 자리에서 피해자를 외상성 쇽으로 사망하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written result of autopsy;

1. Application of each statute on 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. Suspension of execution under Article 62 (1) of the Criminal Act (the first offender, reflects the error, and smoothly agreed with the bereaved family members of the victim and other favorable circumstances);