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(영문) 전주지방법원 군산지원 2019.10.30 2019고단871
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

On December 9, 2018, the Defendant is engaged in driving of the K3-car, and the Defendant driving the said car on December 9, 2018, and driving the two-lane road of the “D Licensed Real Estate Agent” located in the Kunsan City, Gunsan City, along the speed of 87km in the direction of the distance of inland navigation in the direction of the sea network.

Since there are crosswalks in the front section at a speed of 50km per hour, the Defendant engaged in driving service had a duty of care to observe the speed limit, to pay attention to pedestrians, and to drive safely.

Nevertheless, the defendant neglected this and went beyond the floor by taking the victim E (the age of 65) who crosses the crosswalk from the left side to the right side by the negligence that the speed of the restriction exceeds about 37 km per hour.

Accordingly, the Defendant caused the victim's death by occupational negligence on December 10, 2018 at G Hospital located in the Y in the Y in the Y in the Yasan-si on December 3:06, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, image photo of a changer, photograph of a black stuff image, death diagnosis document, and traffic accident analysis report;

1. The pertinent legal provision on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act, with respect to driving service involving the risk of potential loss of human life due to traffic accidents, there is no emphasis on the duty of care to observe the Road Traffic Act and to prevent accidents from spreading.

Nevertheless, the traffic accident in this case occurred due to the defendant's gross negligence, who violated the speed limit and did not perform the duty of pedestrian protection, and the victim dies and the bereaved family is the bereaved family.

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