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(영문) 대전지방법원 2012.10.31 2012고단3220
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

At around 14:05 on June 18, 2012, the Defendant, who is engaged in driving a small-scale car, was driving the said car, and was driving the car to turn to the left at the left while driving the old cosmetic in front of the old cosmetic in the Taepung-gu, Daejeon.

The place is where the left turn is prohibited, and the crosswalk is installed on the front side, so the person engaged in driving service has a duty of care to safely drive after checking whether or not there is a person who gets a road by checking well the right and the right and the right without the center line.

Nevertheless, the Defendant neglected this and caused the death of the victim D (the age of 86) who dried the crosswalk as it was by negligence to turn left as it is, and received the victim D (the age of 86) from the left side of the driver's vehicle, and caused the death of the victim due to brain escape due to the blood transfusion by blocking the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to E by the police;

1. A traffic accident report;

1. Photographs related to accidents;

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

1. The facts constituting an offense, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor (any reasonable condition) for sentencing immediately after an accident, the fact that the victim was covered by a comprehensive motor vehicle insurance, the fact that the victim was deposited KRW 2 million for his/her bereaved families, the fact that there was no power to commit a crime other than a fine imposed once for his/her family members, the fact that the victim's sale in the white part of his/her motor vehicle in slowly fell from the motor vehicle, but the shock of the motor vehicle was not serious but caused the death of his/her head while the victim goes beyond the road.

(1) [Unfavorable Conditions] The case where the defendant caused the death of a victim who walked on the crosswalk normally while he gets illegally left or left at the center of the central line.

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