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(영문) 전주지방법원 2016.12.06 2016고단1601

교통사고처리특례법위반(치사)

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 of Done Stars.

On May 2, 2016, the Defendant driven the above van on May 2, 2014, and proceeded with a two-lane road in front of the Bosch Rexroth apartment in front of the Bosch Rexroth apartment in front of the 13-dong, Chungcheongnam-gun, Seoul, in a speed of about 64.3 km from the direction of the lender.

At the time of night, the front door door of the road was passed, and the front door of the road was not installed with no signal, so the person engaged in the driving of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance, after checking whether there is a pedestrian who was a pedestrian who was to live well in the front door of the road.

Nevertheless, the Defendant neglected this and found the victim E (the 62 years old) who was standing a crosswalk at the right side of the suspect in the direction of the proceeding of the suspect in the case where he was negligent and proceeded without properly examining the front side, and then found it late later from the right side of the suspect in the direction of the proceeding, and received the victim as the part of the front part of the above van.

Ultimately, the Defendant caused the victim by occupational negligence above to the same month.

3. Around 13:51, at the Jeonjin-gu Seoul Special Metropolitan City University Hospital located in 20, due to the prolonged organ damage, etc., caused the death.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Notification of results of the comprehensive traffic accident analysis;

1. A death certificate;

1. A report on investigation (related to attachment of black boxes and images), black boxes and video CDs;

1. Investigation report (related to the location of the traffic accident), photographs;

1. Application of Acts and subordinate statutes to photographs of each accident site (Evidence Nos 2, 9);

1. The grounds for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommendations] are the basic area (eight to two months) of the type of general traffic accidents (the death of traffic accidents).