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(영문) 대전지방법원 홍성지원 2017.02.08 2016고단781

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a large-scale cleaning vehicle for d's inhalement of advanced air.

On September 30, 2016, the Defendant driven one-lane of the two-lanes of the F Mart intersection in front of the F Mart, Hongsung-gun, Hongnam on September 11:25, 2016, and proceeded to turn to the left at the front of the vehicle, while driving the said vehicle from the two-lanes of the F Mart intersection in front of the F Mart, Hongsung-gun, the Defendant was determined in accordance with the suspension signals of the traffic signal apparatus installed in the front of the KB bank, but proceeded to turn to the left in accordance with the straight line and the left turn to the left.

There have been duty of care to safely drive a motor vehicle by checking 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 traffic signal system of the motor vehicle, which are the crosswalk where many pedestrians walk and the traffic signal are installed.

Nevertheless, when the signal of the above traffic signal apparatus was changed to the traffic signal of the vehicle, the Defendant 1 placed the smartphone on his hand, while driving the above vehicle without looking at the front side and the left side of the vehicle, the Defendant 1 sent the victim G, who opened the above crosswalk from the right side of the above vehicle driving direction to the left side of the vehicle, with the part on the left side of the victim G crossinging the above crosswalk as the front side of the above vehicle's head part, which was cut back to the front side of the above vehicle, and turned out to the front side of the above vehicle.

Ultimately, the Defendant caused the death of the victim on the same date, time, and place by occupational negligence, due to diversification of dysium and serious brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a survey report on the actual condition and a corpse death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents.