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(영문) 대구지방법원 김천지원 2013.09.11 2013고단792

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2013, at around 08:25, the Defendant: (a) driven a C-learning car on a business basis; and (b) went to the left at the entrance of the gold village located in the Sincheon-si, Kimcheon-si, Kimcheon-si from the old side, the Defendant violated the traffic signal and pedestrian protection obligation; and (c) neglected to perform the duty at the front time; and (d) neglected to perform the duty at the front time, and received the part of the victim D (64) who walked the said T-distance crosswalk from the right side of the Defendant’s driving direction to the left side from the left side of the driver’s vehicle.

Ultimately, the Defendant caused cerebrovascular to the victim due to such occupational negligence, and died on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of each traffic accident and a actual survey report;

1. Application of Acts and subordinate statutes on investigation reports (as to the attachment of all accompanying documents);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Determination of Punishment] Traffic Accident Death [Special Aggravation of Punishment: Aggravation of Punishment: Where illegality is serious in the proviso of Article 3(2) of the Special School Act [Scope of Decision on the area of recommendation and recommendation] basic area, 8-1 year and six months [General Aggravation of Punishment]. Main grounds for Suspension of Execution] of the same kind of criminal offense that is not a repeated offense (whether suspended of execution of punishment or not): Where illegality is serious in the proviso of Article 3(2) of the Special School Act: The reason for suspension of execution is clear of social relationship, there is no previous conviction, the detention of the defendant's dependent is excessive difficulty in traffic accident, the defendant's subscription [decision of punishment] of the General Motor Vehicle Insurance Act, and the suspension of execution of execution of two years: The act of causing the death of pedestrians by violating the signal at the crosswalk and causing the death of pedestrians. < Amended by Act No. 8538, Oct. 10, 2007>