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(영문) 광주지방법원 2013.03.14 2013고단205
교통사고처리특례법위반
Text

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

However, 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 B-Wood vehicle.

On December 14, 2012, the Defendant driven the above car on December 06:21, 2012, and led to the two-lane road in front of the Geumcheon-gu, Geumcheon-do, Geumcheon-do, Geumcheon-do, to proceed along one-lane from Gwangju to Fri-do.

At the time, the passage of the front door of the new wall time was turned, and there was a crosswalk in which signals, etc. are installed, so the person engaged in the vehicle driving duty has a duty of care to check whether there is a person who gets on a road by reducing speed and by checking the front door, the left door, and the left well, and to drive the road safely in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim to go beyond the road by shocking the right side part of the victim C (V, 61 years old) who dried the crosswalk in accordance with the pedestrian signals from the left side of the direction of the defendant's proceeding by the negligence of violating and proceeding the stop signal as it is.

Ultimately, at around 08:47 on the same day, the Defendant caused the death of the victim due to the cardiopulmonary suspension from the emergency department of the Dental Hospital at the time of the same day due to the diversification of long-term depression.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2) a de facto survey report, and the evidence and photographs of each traffic accident;

1. Application of Acts and subordinate statutes to a copy of a death diagnosis report;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

2. Death in traffic accidents (special sponsor) - In cases where illegality in the proviso of Article 3(2) of the Act on Special Treatment of Persons under Special Guard is serious, special mitigations shall be made.

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