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(영문) 창원지방법원 통영지원 2015.05.08 2014고단925

교통사고처리특례법위반

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving Cone Star Co., Ltd.

On March 6, 2014, at around 06:19, the Defendant driven the above van, leading two-lanes in front of the Chungcheong Stickle Station located in the luminous Galle Map at the time of Gyeong-nam through the city of Gyeong-nam, to an average speed of about 67.5 km from the outside of bankruptcy, depending on two-lanes towards the original library.

At the time, the signal lights and crosswalks had yet been installed at the time, and at that time, there was a change to the proceeding signal of the signal apparatus installed in the direction of the defendant living in the direction of the defendant living in the direction of the defendant living. In such a case, the driver was obliged to safely drive the vehicle and to prevent the accident by checking whether there is a pedestrian who could not pass the crosswalk, such as reducing the speed and closely examining the right and the right and the right of the vehicle and checking the pedestrian who could not pass the crosswalk.

Nevertheless, even though the Defendant neglected this and neglected to enter the above crosswalk, caused a green pedestrian signals by his negligence, and entered the above crosswalk, and the pedestrian signal changed to a red color, the Defendant continued to walk the above crosswalk, but did not find out the victim D (the age of 73) who walked on the above crosswalk, and received the Defendant’s above part of the front wheeler.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence on March 6, 2014 by brain cerebrovascular, brain internal organs, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The comprehensive traffic accident analysis report and reply to the request for the analysis of traffic accidents;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. General traffic accidents according to the sentencing criteria;