교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Provided, That the above punishment shall be imposed for one year from the date of the final judgment.
The summary of the grounds for appeal (fact-finding) causes the instant traffic accident by entering the intersection as it is without taking such measures, since the Defendant temporarily stops due to a stop prior to entering the intersection of this case or by driving a motor vehicle by slowly driving the motor vehicle of the victim if he/she would have been able to discover the motor vehicle of the victim. Therefore, there is a causal relationship between the Defendant’s occupational negligence and the death
Therefore, the lower court erred by misapprehending the facts that the Defendant acquitted, thereby affecting the conclusion of the judgment.
The summary of the facts charged is the defendant who is engaged in driving of Csch Rexton motor vehicles.
On April 20, 201, the Defendant driven the said car as a job on April 11, 201:25, and led the Han field University to drive the said car at a speed of 40km per hour at a distance of 1:4 meters in front of the Han field University, Han field University, located in the Pungdong-dong of Daejeon Pungdong-dong.
At the same time, on-and-off lights are operated and traffic is frequent, there was a duty of care to confirm and proceed with the safety of the traffic situation and right and right of the intersection by temporarily suspending or slowly driving prior to the entry into the intersection.
However, the Defendant neglected to do so and proceeded as it is, due to his negligence, led the victim D(Nam, 35 years old), who entered the intersection in the right-hand e-energy direction from the right-hand e-mail gate to the left-hand e-mail gate.
The Defendant caused the victim to die due to such occupational negligence at around 11:52 of that day, due to chest damage, etc.
The lower court determined that the Defendant was aware that the Defendant had not temporarily stopped at the time of entering the intersection and was proceeding about about 40km in speed, but on the other hand, recognized that the Defendant first entered the intersection, and the Defendant.