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(영문) 전주지방법원 군산지원 2017.12.20 2017고단1399
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 engaging in driving a rocketing car.

On September 25, 2017, the Defendant driven the above vehicle around 05:10, while driving the vehicle at a speed that would not be known by two lanes towards the D convenience point in the following city C, along the direction of the road, from the direction of the direction to the direction of the road.

Since there is a place where a crosswalk is installed, if a person engaged in driving of a motor vehicle has a duty of care to temporarily stop in front of the crosswalk and protect pedestrians by reducing the speed of the motor vehicle, maintaining the right and the right and the right of the motor vehicle, and pedestrians pass the crosswalk.

Nevertheless, the Defendant neglected to do so and neglected to stop on the front side, and obstructed by negligence, sealed the elderly pedestrian aids to the right side from the left side of the direction of the proceeding to the right side, and dried the crosswalk, the Defendant got the victim E (the age of 87) to the front part of the left side of the car driving by the Defendant.

After all, the Defendant caused the death of the victim by occupational negligence as an external shock showor caused by multiple diversified shots at the accident site around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs of traffic accidents;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes on internal investigation reports (related to the attachment of photographs by cutting off scam booms and video images);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) (4-1 year) [the person subject to special mitigation] punishment is not imposed (including efforts to recover damage), [the decision of sentence] serious results leading to the death of victims, and the defendant is mainly responsible for the accident of this case

The responsibility of the defendant is unsatisfy, but the vehicle driven by the defendant.

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