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(영문) 대전지방법원 서산지원 2013.04.05 2012고단1096
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a motor vehicle in B.

On October 19, 2012, the Defendant driven the above car at a speed of 06:20,000, and driven the two-lane road in front of the entrance of the area of the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, and the law, the law, the law, the law, the law, the

At the same time, since there are crosswalks where signal lights are installed, a person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, due to the negligence of neglecting and proceeding the stop signal while neglecting it, the Defendant found the victim C (Nam and 84 years old) crossing the crosswalk from the right side of the running direction of the Defendant’s vehicle to the left side of the pedestrian signal in accordance with the pedestrian signals, followed by a sudden operation to avoid the victim, but did not avoid it, and did not go to the right side of the Defendant’s vehicle, and had the victim go beyond the floor by taking the victim’s left side side of the victim’s vehicle.

Ultimately, the Defendant caused the death of the victim from the occupational negligence above to the long-term damage of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding survey report, on-site photograph, report on the occurrence of a traffic accident, on-site map, and on-site photograph;

1. A investigative report (investigation into a motor vehicle boom image) (a search on the motor vehicle boom image) and a screen to close the motor vehicle image;

1. Application of the Acts and subordinate statutes to the body, written autopsy and photograph of a deceased person;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of the fact that the vehicles are covered by a comprehensive insurance and that there is an agreement with the bereaved family members of the victim, and that the crimes are recognized and reflected);

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