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(영문) 광주지방법원 2015.03.13 2014고단2727

교통사고처리특례법위반

Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 5, 2014, the Defendant is a person engaging in driving of C-III cargo vehicles. Around 13:53 on May 13, 2014, the Defendant driven the above cargo vehicles and proceeded to the intersection from the head of Sungsung-gun Special Metropolitan City to the head of Si/Eup. On the right side of the vehicle, there is a cultural center at the center, and the passage of the vehicle or bicycle to the center is frequent. In such a case, despite the duty of care to accurately operate the steering gear, brake system, etc. while driving the vehicle, the Defendant was negligent in driving the vehicle at the cultural center located on the right side of the above cargo vehicle due to negligence in front, and discovered the Defendant’s bicycle to the right side of the vehicle in the direction of the above crossing, found the victim’s head (12 years old), and found the victim’s left-hand to the right side of the vehicle, and caused the victim’s death to the same part of the vehicle in front of the designated vehicle without being able to avoid the collision.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the comprehensive traffic accident analysis statement;

1. Recognizing that it is recognized by the statement of the traffic accident analysis written in the body inspection report, the point at which the victim was faced with the above cargo vehicle is 3.7 meters away from the stop line in the direction of the cargo vehicle, and the point at which 11.3 meters away from the speed limit in the direction where the victim proceeded, the victim is more likely to have entered the above intersection than the cargo vehicle above the cargo vehicle above. However, even if the above cargo vehicle first entered the intersection, the protocol of examination by the prosecution against the defendant is written.