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(영문) 수원지방법원 2015.07.23 2015고단1348

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle at a low price.

At around 06:20 on January 22, 2015, the Defendant driven the above high-est car, and came to proceed from the port side to the gallebal distance at the port side of the wife population at the port side of the port of port at the port of port.

At the time, it was difficult to see the surrounding area because it was a new wall that reached the time, and there was a crosswalk where signals, etc. are installed. In such a case, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and check the front and rear left well, and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and found the victim E (the age of 59) who dried the crosswalk to the right side of the victim due to the negligence of neglecting it and going in contravention of the signal, and due to the negligence of going in contravention of the signal, and found the driving direction of the low-speed car in accordance with the pedestrian signals to the right side of the road. The Defendant shocked the front part of the low-speed car by the front part of the passenger car.

Ultimately, due to the above occupational negligence of the defendant, the victim caused the death of the victim at the F Hospital around 08:40 on the same day due to the low blood shock during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accident (Death resulting from Traffic Accidents) (Special Mitigations/Special Mitigations) / Cases where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (road crossing accident and signal violation) / [Determination of sentence] above special mitigations, and the circumstances presented as special special mitigations, and the defendant reflects wrong.