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(영문) 광주지방법원 순천지원 2013.11.27 2013고단1803

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 freight B.

On August 19, 2013, at around 15:10 on August 19, 2013, the Defendant driven the above cargo vehicle, leading the crosswalk in front of the non-high-frequency motor vehicle that is in the Gwangjin-si in the lightyang-si, to drive the crosswalk in the direction of about 30 km each hour from the southyang-si in the direction of the golf driving range.

Since there is a crosswalk in which a signal, etc. is installed, in such cases, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed in advance and to see well the front left, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the body of the victim C (V, 7 years old) who dried the crosswalk from the right side of the proceeding direction by negligence in violation of the signal to the left side of the pedestrian signals in accordance with the pedestrian signals, and had the above victim go beyond the road by receiving the body of the victim C (V) from the front part of the cargo vehicle.

Ultimately, the Defendant caused the death of the said victim due to brain injury in two or more places around 16:00 on the same day during the treatment of after-the-job transfer to a hospital due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Evidence and photographs of the traffic accident;

1. Investigation report (high pets and video images of passenger cars);

1. Application of statutes to a copy of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture [the decision of type] traffic accident, the element for mitigation [the person with a special sentencing], mitigation of punishment [the decision of recommendation field], mitigation area], reduction area from April to October [the scope of punishment] from 1 month to 5 years of imprisonment without prison labor [the decision of sentence] from 1 month to 8 months of imprisonment without prison labor [the decision of sentence]] the crime of this case is seven years of age for the defendant to stand at the crosswalk in violation of the new subparagraph.