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(영문) 전주지방법원 군산지원 2018.05.11 2017고단1527

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C New EF Driet or other automobiles.

On September 29, 2017, the Defendant proceeded at a speed of about 50km per hour, depending on the two-lanes of Mat in front of Mat, Sinsan-si, Sinsan-si, Sinsan-si, in the front of the area, from the front of the area, the Defendant proceeded at a speed of about 50km per hour, depending on the front of the area.

On the other hand, a crosswalk without signal lights is installed in front of the direction of the passage, so in such a case, the driver has a duty of care to protect pedestrians crossing the road in the crosswalk by accurately operating the steering right and the steering gear.

Nevertheless, the Defendant did not see the front side to pass through the crosswalk before the traffic signal behind the crosswalk is changed to the stop signal, and was negligent in driving along as is, from the right side of the Defendant’s running direction, the Defendant’s driving direction to the left side of the road via the crosswalk, and received the victim F (the age of 67) as the front part of the left side of the said car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at an emergency medical center at the hospital hospital of the nuclear power plant, where the victim was under transmission treatment at around 18:57 the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of each traffic accident report (1), (2), accident scene, and photographs of suspect vehicles, 10 copies of the death examination report, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] In the case where the illegality of the sentence in Article 3(2) proviso (excluding subparagraph 8) of the Act is serious in the basic area (8 to 2 years) (including special mitigation (aggravating)