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(영문) 수원지방법원 안산지원 2014.08.20 2014고단1283
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of a DNA car.

On 04:40 on 21, 2014, the Defendant driven the above vehicle, and proceeded at approximately 60-70 km at the speed of 10 km, in accordance with the three-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the movable High School.

Since there is an intersection in which a crosswalk is installed, a person engaged in driving service has a duty of care to check the safety of the course and drive the road in good manner while driving.

Nevertheless, the defendant neglected this and found the victim E (at the age of 59) who was up to the right side of the crosswalks due to the negligence in progress, and then did not reach the victim's right side, but did not go beyond the road. However, the defendant got the victim to go beyond the road by taking the victim's right side side of the above vehicle.

Ultimately, at around 06:38 of the same day, the Defendant caused the victim’s death by the occupational negligence as “herebal transfusion” during treatment at the emergency room of the F Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A survey report on the actual condition, a photoficial photo, and a photographic picture of a locker for a piracy vehicle;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. While the Defendant under Article 62(1) of the suspended execution of the Criminal Act was relatively normally operated even before the accident, the victim provided considerable portion of the cause of the accident by crossing the crosswalk in the vicinity of the red pedestrian signal at night by keeping the intersection of the intersection as set forth in the eight-lane line. The Defendant faithfully implemented relief measures immediately after the accident, the vehicle involved in the accident was subscribed to a comprehensive motor vehicle insurance, and the Defendant was the victim.

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