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(영문) 광주지방법원 목포지원 2018.06.18 2018고단285

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On March 17, 2018, the Defendant driven the above cargo crossing from the front of the E pharmacy at Simpo City D on March 11:50, 2018, to turn to the left at a speed of 20km a speed of 10km a speed from the front side of the upper East-dong apartment to the central hospital.

At the time, the crosswalk is installed, and there is a room, and the victim F (84 tax) is a pedestrian signal at the crosswalk pursuant to the pedestrian signals of this pedestrian, but the pedestrian signal has been changed to a red color, and therefore, the pedestrian signal has continued to collapse, so the driver of the vehicle has a duty of care to safely drive the front door and the right and the right and the right and the right and the right and the right of the driver of the vehicle and prevent the accident.

Nevertheless, the Defendant failed to discover the victim who was standing a crosswalk due to negligence while neglecting this, and had the victim go beyond the road under the front part of the above cargo vehicle, which is the front part of the victim's right side.

As a result, the Defendant suffered from injury to the injury caused by the injury of the injury caused to the injury caused by the injury caused by the injury caused by the injury caused by the injury to the injury, and the injury caused the death of the victim caused by the heart suspension while he was sent to the Mapo Korean Hospital in Mapo-ro 483 on March 17, 2018 after being transmitted to the Mapo-si, Sinsan-ro 483.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, on-site drug map, actual condition survey report, and on-site photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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 defendant's negligence causing the instant traffic accident on the grounds of sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances as seen below) of the suspended execution is the minor.

Although it can not be seen, it can only be agreed with the victims' bereaved family members, and it is covered by a comprehensive insurance.