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(영문) 전주지방법원 2014.09.26 2014고단1176

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Churd Motor Vehicles.

On June 24, 2014, at around 20:0, the Defendant proceeded at a speed of about 70 kilometers a speed of 50 kilometers per hour, depending on the two-lanes in front from the direction of the white-gu mountain distance, the crosswalk signal lights from the white-gu, Kim Jong-si.

At that time, since the crosswalks are installed, in such a case, the driver was obliged to reduce the speed in front of the crosswalks in front of the crosswalks and give a good view to the right and the right and the right and the right and the right and the right and the right and the right and the right of the pedestrian who crosses the road using the crosswalks are well examined, and the driver was obliged to exercise due diligence to prevent the accident by using the brakes

Nevertheless, the defendant neglected this and proceeded on the right side of the vehicle of the defendant, leading the bicycle to the left side of the vehicle of the defendant, and facing the victim D (70 years old) who crossed the crosswalk to the right side of the vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Jeonbuk University Hospital around 20:58 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) actual survey report;

1. On-site map of a traffic accident report (2);

1. On-site evidence photographs of a traffic accident;

1. Visual photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the bereaved family members of the victim, the first offender who has no record of criminal punishment, the confession and the fact that the confessions and seriously reflects, the circumstances of the instant case, and the fact that the instant vehicle has been subscribed

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;