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(영문) 전주지방법원 2014.07.25 2014고단555

교통사고처리특례법위반

Text

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

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

피고인은 2014. 2. 17. 16:32경 업무로써 E 에쿠스 승용차를 운전하여 김제시 콩쥐팥쥐로 소재 하나주유소 오거리 앞 편도 2차로를 전주 방면에서 김제 방면을 향하여 진행하게 되었다.

On the other hand, the front door is an intersection with a signal apparatus and a road with 80 km speed limit. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by putting the traffic situation on the front door, observing the lane and speed limit and driving the motor vehicle safely.

Nevertheless, even though the Defendant neglected to stop the signal from the front side of the two-lanes, the Defendant entered the said intersection at a speed of 102.3 km per hour through the side of the two-lanes, and entered the said intersection in accordance with the new subparagraph from the left side of the running direction of the Defendant, and opened the said intersection at the right side of the victim F (59 years old) driving, who opened the said intersection at the right side of the road in the direction of the Defendant’s driving direction toward the right side of the passenger car.

결국 피고인은 위와 같은 업무상 과실로 위 피해자 F으로 하여금 같은 달 18. 09:56경 H병원에서 경추 탈골로 인한 외상성 쇽으로 사망에 이르게 함과 동시에, 피고인의 승용차 동승자인 피해자 I(56세), 같은 J(여, 51세)에게 약 20일간의 치료를 요하는 두부타박상 및 뇌진탕 등의 상해를 각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. Reports on traffic accidents and photographs thereof;

1. A death certificate and each medical certificate;

1. Report on internal accidents, telephone conversations and report on internal accidents;

1. Application of the Acts and subordinate statutes to traffic accident results;

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