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(영문) 전주지방법원 군산지원 2017.06.16 2017고단332

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of a small-type taxi in C.

On February 15, 2017, the Defendant, while driving the above taxi around 15:30 on February 15, 2017, entered the third lane of the 3rd line in order to proceed from the west of peace to the west of peace.

At the time, the Defendant had a duty of care to prevent accidents in advance by driving a vehicle on the right side of the center line by bypassing the vehicle to the right side of the center line, and driving a vehicle by checking well the right side and the right side of the center line.

Nevertheless, the Defendant neglected to enter the third-lane road while leaving the road on the front side of the vehicle parked in front of the crosswalk pursuant to the provision of the front stop, and neglected the vehicle line and invaded the center line, and did not turn to the left, and instead did not look at the right and the right and the right and left at the opposite side of the road, and received the victim DNA (65 years old) who was crossing the road immediately adjacent to the crosswalk pursuant to the pedestrian signals from the opposite side of the road, as the front part of the taxi of the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, such as the cerebral function transfer, etc. at the hospital of the nuclear university of the Republic of Korea, which was located in 895, in the 22:49 following the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to photographs and death diagnostic certificates;

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

1. It shall be decided as ordered on the grounds of not less than Article 62(1) of the Criminal Act (i.e., age of the defendant and the agreement between the victim and his/her bereaved family members);