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(영문) 의정부지방법원 2015.03.17 2014고단4421
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On October 28, 2014, the Defendant driven the above car on October 19:15, 2014, and driven the two-lane road in the direction of Si 30-40km in front of the Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, 3393, the two-lane road in front of the Yacheon-si, Yacheon-si, Yacheon-si, the

On the other hand, there is a crosswalk where a signal, etc. is installed, so there was a duty of care to check whether there is a person engaging in driving of a motor vehicle to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and got the victim C (year 71) who walked on the right side of the defendant's vehicle in front of the driver's car and the front glass part of the driver's car, by negligence, disregarding that the vehicle's progress signal is changed to a stop signal, and proceeded as it is, and caused the victim to go beyond the floor.

Ultimately, at around 19:55 on the same day, the Defendant caused the death of the victim due to the above occupational negligence by the presumption of brain injury and multiple injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident site photograph, an actual condition survey report, and a black and video CD;

1. Application of Acts and subordinate statutes concerning autopsy reports (C), coroner photographs, and postmortem records;

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. Article 62 (1) of the Criminal Act (agreement, initial crime) of the suspended execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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