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(영문) 광주지방법원 2015.03.05 2015고단168
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 of the final judgment.

Reasons

Punishment of the crime

On December 16, 2014, the Defendant is a person who is engaged in the driving of the C Car Transport Round. On December 16, 2014, the Defendant driven the said car at a speed of about 40 km in the speed of about 40 km from the direction of the new abuse death distance to the distance of the E Convenience located in Gwangju Seo-gu.

Since there is an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving of a motor vehicle.

Nevertheless, the defendant neglected this and received the right side of the victim F (the age of 59) who crosses the crosswalk from the right side in accordance with the pedestrian signals on the right side by negligence attributable to the right side in contravention of the signal, and received the front part of the driver's vehicle driving by the suspect.

Ultimately, at around 15:55 on the same day, the Defendant caused the death of the victim at the shipbuilding University Hospital located in 365, as the written text of the Dong-gu, Gwangju, Gwangju, by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the suspect interrogation protocol of each prosecution against the accused;

1. Each statement made by the police officer in relation to G;

1. Investigation report (to attach CCTV image data installed in the “H gas station” and “I”);

1. An initial action plan at the scene of a traffic accident, and an investigation report on the actual condition of a traffic accident;

1. A death certificate;

1. The application of statutes to accident vehicles, on-site photographs, and signal systems;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. The Defendant’s crime of this case, with the reason of sentencing of Article 62-2(1) of the Criminal Act on probation and community service order, was committed in violation of the signal and led to the death of the victim by shocking the victim who had been under the normal progress of pedestrians’ safety care, and thus, the occurrence of a traffic accident

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