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(영문) 광주지방법원 순천지원 2013.04.26 2013고단240
교통사고처리특례법위반
Text

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

except that 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 CAR car.

On May 6, 2012, the Defendant driven the said car on May 16:15, 2012, and proceeded at a speed that would not be known in one way among the two-lanes of the two-lanes, which are located in the (ju) Dogyang-Eup Do Gyang-si Do in the lightyang-do.

Since there is a place where a crosswalk is installed, a person engaged in driving service has a duty of care to reduce speed in advance and to prevent accidents by properly examining whether there is a pedestrian crossing.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the road due to the negligence of driving the vehicle without keeping the front door well, and caused the victim to go to the right side of the victim D (W, 78 years old) who crosses the crosswalk in violation of the signal from the right side of the passenger car driving direction to the left side of the road.

As a result, the Defendant suffered two parts of the instant occupational negligence, brain-dead, cerebrovascular, cerebrovascular, or chain aggregate to the victim, and caused the victim to die due to the thoconsis developed by the aftermath of the said traffic accident, around 08:44 on June 30, 2012 while receiving treatment from E Hospital, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Communications of the Korean Medical Association;

1. Each traffic accident report;

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

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

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

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