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(영문) 대전지방법원 천안지원 2014.12.05 2014고단1172
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years 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 CP car.

On April 14, 2014, around 17:48, the Defendant proceeded ahead of the bus stops located adjacent to the Macheon-gu University located in the Sinsan-si, Eup, Myeong-ri, Macheon-gu, the New Station, toward the direction of the 3rd distance in Eup from the new Station.

At the same time, the crosswalk is installed. In such cases, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as checking whether the driver is a pedestrian who is engaged in driving the motor vehicle, and whether the driver of the motor vehicle is a pedestrian.

Nevertheless, the Defendant neglected this and proceeded with the victim D (10 years of age) who dried the above crosswalk as the front part of the above car, and caused the victim to die in the low-quality shock of the above accident at the Yacheon-gu Incheon National University Hospital located in 23:30, 23:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A investigation report (CCTV image confirmation report);

1. A death diagnosis report and a written record of autopsy;

1. Application of the photographic Acts and subordinate statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has agreed with the victim, the fact that the defendant commits a mistake, and the fact that the defendant has no criminal record of probation or heavier punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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