beta
(영문) 전주지방법원 2015.01.30 2014고단2167

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of I Plave Motor Vehicle.

At around 18:30 on October 7, 2014, the Defendant driven the said vehicle with three-lanes, one of the two-lanes in front of the K cafeteria, which is located in the JJ of the Jeonnju-gun of North Korea, from the sclluth private distance room to the clluth of the clluthy.

Since there is a place where a yellow light, flickering light, and a crosswalk are installed on the front door, a person engaged in driving a motor vehicle shall observe a fixed speed of restriction to ensure the safety and smooth flow of traffic, and if a pedestrian passes a crosswalk, he/she shall temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian, and have a duty of care to prevent traffic accidents in advance by accurately operating brakes, steering system, etc. while keeping the traffic situation of the front side and the right side well in mind.

Nevertheless, the Defendant neglected the above duty of care and neglected the limitation speed to approximately 50km/h, but failed to perform his/her duty of 75.9km/h speed in excess of approximately 25.9km, thereby failing to discover the victim L (n, 85 years of age) crossing the road on the right side from the left side of the Defendant’s running direction to the right side of the road, and did not discover the victim L (n, 85 years of age) crossing the road on the crosswalk, and met the part on the right side side side of the victim’s driving direction.

After all, the Defendant caused the death of the victim due to the diversified damage from the job by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs of the accident site;

1. Visual photographs;

1. A corpse of corpse;

1. Investigation report (specific relation to the point of accident shock); and

1. Investigation report (related to speed and specified at the time of the suspect's vehicle accident);

1. Application of the Acts and subordinate statutes concerning suspect vehicles booms and video images;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;