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(영문) 광주지방법원 순천지원 2014.10.14 2014고단1106

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a marina truck.

On May 15, 2014, at around 09:50, the Defendant driven the above cargo vehicle and proceeded at about 50 km each hour in accordance with the speed of 50 km from the gate of the plaza No. 11, Seoul Metropolitan City, which opened the intersection in front of the GSS-dong, the GSS-dong, which is located in the GS-dong.

There are three-distance crossings in which signal apparatus is installed, and in such a case, the driver had a duty of care to safely drive the traffic signal and prevent accidents in advance. In such a case, the driver had a duty of care to safely prevent the accident by driving the vehicle in accordance with the traffic signal.

Nevertheless, the Defendant neglected the above duty of care and continued to proceed at the same speed without changing the signal to the stop signal, and found the victim D (I, 19 years old) who was crossing the above crosswalk from the right side of the Defendant’s running direction to the left side, and did not follow it, and caused the above victim to go beyond the floor by shocking the above victim due to the front part of the truck.

Ultimately, the Defendant caused the above victim to suffer from the injury of blood therapy, etc. due to the above occupational negligence, and at around 1:05 on the same day, at the emergency room of the E Hospital, the Defendant caused the death of the said victim due to the low blood shock and the respiratory part during the after-treatment treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. The actual condition survey report;

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. As the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has caused a serious result of the death of a victim who gets her age by negligence in violation of the signal, the defendant should be punished by severe punishment.