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(영문) 대전지방법원 홍성지원 2015.06.26 2015고단280

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, 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 a car at the D horse.

On March 11, 2015, the Defendant driven the above vehicle on March 06:18, 2015, and driven the front of the bus stops of the new 4-ri bus crossing north of the Bohyeong-si, Bohyeong-si, Sinyeong-si, Bohyeong-si, at a speed of about 145 km from the direction of the Sinyeong-si.

At the time, there are crosswalks where signal lights are installed at night and at that time, and the speed limit is 60 km per hour, so the person engaged in the driving of motor vehicles has a duty of care to check whether there is a person who gets on a road by observing the speed limit and checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to temporarily stop a red on-and-off signal without temporarily suspending the speed exceeding 85 km per hour, and did not find the victim E (e.g., 56 years old) who cross the crosswalk from the left side to the right side of the crosswalk and got the victim to the front part of the car driven by the Defendant due to the negligence of driving the crosswalk.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the death of two or more teams in the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Automobile Accident Death, etc.) [Special Mitigation] [Pronouncement Decision] In August of imprisonment without prison labor, 2 years of suspended execution is against the defendant and confession, and the defendant's bereaved family members agree with the victim's bereaved family members.