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(영문) 전주지방법원 2016.06.07 2016고단178
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 DNA car.

On September 1, 2015, the Defendant driven the said car at around 19:20, while driving the said car at around 19:20, the Defendant continued to drive the two-lane road in front of the three-lane joints in front of the MusB-gu Seoul Special Metropolitan City at the Jeonju City, along the two-lanes of the two-lanes from the offline to the north University at the right speed.

The driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and received the victim E (64) who crosses the vehicle without permission on the right side from the left side of the progress direction that was completed by negligence, as the front part of the said vehicle.

Ultimately, around December 26, 2015, around 08:59, the Defendant caused the death of the victim from indoor brain transfusions at the F Hospital located in the Yansi-gu in the Jeonsi-si, Jeonju-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made against the defendant, G, or H;

1. A written statement of I;

1. A traffic accident report, an accident scene report, and a traffic accident occurrence report;

1. Each written diagnosis, request for entrustment, and response to request;

1. The Defendant asserts that a death diagnosis is an force majeure accident in which a victim who was unauthorized crossings his/her own stocks and is not negligent for the Defendant.

However, the accident place is a five-lane road located in the city where the building is concentrated, such as commercial buildings, and it is not a place at which pedestrians' unauthorized crossing could not be anticipated at all.

It is deemed that there is lighting or street lights of the building so that pedestrians can not be seen at night.

shall not be effective.

However, the victim was not at all the victim until the collision with the defendant's vehicle, since the victim passed three lanes in opposite directions among the five-lane roads from the left side of the vehicle driving towards the right side of the defendant's vehicle.

this section.

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