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(영문) 대전지방법원 2015.06.10 2015고단1014
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK3 motor vehicles.

On January 30, 2015, the Defendant driven the above car at around 01:00, and went through two lanes in front of the Enobane in Daejeon Seo-gu, the two-lanes of the Enobane.

There are crosswalks where signals, etc. are installed at the front of the road at a point of 60km speed, so the driver of the vehicle has a duty of care to safely drive the vehicle by, for example, taking the front door well, complying with the speed limit.

Nevertheless, the defendant neglected this and did not discover the victim F who walked on the right side of the crosswalk from the left side of the speed of about 88 km in excess of the speed limit, and did not discover the victim F who walked on the crosswalk, and caused the victim to go beyond the floor by shocking the victim to the right side of the vehicle of the defendant.

As a result, the Defendant caused the death of a victim who was receiving medical treatment from a hospital of Gi University in the Seo-gu, 95, due to occupational negligence, around 04:53 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. On-site photographs;

1. Submissions of traffic accident analysis reports;

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

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 on the suspended execution (Consideration of initial crimes, agreement, comprehensive insurance coverage, details of crimes, negligence on the part of the victim, etc.);

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