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(영문) 대전지방법원 2015.11.24 2015고단3164
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving Clust Motor Vehicle.

On August 13, 2015, the Defendant driven the above car on August 16:25, 2015, and proceeded to turn to the Jail market from the intersection distance to the Jail market, depending on the three-lane road in front of the 101-lane 3-lane 101.

Since there is an intersection with a signal apparatus installed, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the steering and steering system according to the signal apparatus's signals, and to prevent the accident by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and got the victim D (the eight years old) who was a bicycle to the port from the right side of the direction of the road by the negligence of the signal apparatus installed at the intersection, in violation of the signal apparatus at the intersection, while driving to the left as is, and got the bicycle to the front side of the vehicle, and got the above victim to go beyond the road.

Accordingly, the Defendant caused the death of the victim due to a traffic accident in the course of receiving emergency treatment at the Gyang University Hospital located in Seo-dong, Seo-gu, Daejeon, Daejeon, at around 17:12 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act provides that the defendant deposits KRW 25 million for the sake of his/her bereaved family members, and the defendant operates a vehicle in violation of the signal.

Considering the fact that the circumstances are very serious, such as shocking children who have dried the crosswalk and causing their death, and that the efforts to seek a letter of the damaged bereaved family members have not been made.

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