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(영문) 광주지방법원 목포지원 2012.12.04 2012고단985

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

At around 13:20 on September 29, 201, the Defendant continued two lanes in front of the bus termination point at 200 in the Sungdong-gu, Sinan-gun, Sinan-gun, Sinan-gun, Sinan-gun, Seoul, along the two lanes from the west to the west.

There is a place where a crosswalk without signal, etc. is installed on the front door, and the defendant found the victim D (76 years old) who is taking a view of the right and the right of the road on the front door of the above crosswalk in order to build a road. Therefore, the defendant has a duty of care to reduce the speed or temporarily stop, and prevent the accident in advance by driving the victim's movement well.

Nevertheless, the Defendant neglected to do so and negligently proceeded along the Defendant’s right side from the left side of the road by using the crosswalk to the left side of the road, and received the left side of the E-to-hand side of the vehicle above.

Ultimately, the Defendant caused serious injury to the victim, such as underfinite brain and cerebral brain damage, etc., in which there is no open room for treatment for at least six months, due to such occupational negligence, and had the victim receive medical treatment on October 29, 2012, which resulted in death from her blood transfusion and pulmonary collection at the F Hospital at Binju City, on October 21, 2012.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. A copy of a medical certificate, a copy of a medical opinion, a reply letter, and a death medical certificate;

1. Comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes on site photographs;

1. The reason for sentencing under Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act on criminal facts is that the victim died and the result of the instant crime was serious, and that the Defendant found in advance the victim who intends to collapse on the crosswalk and neglected his/her duty of care.