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(영문) 전주지방법원 2015.12.22 2015고단1760
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 rocketing sports cargo vehicle.

On September 17, 2015, the Defendant driven the above cargo vehicle at a speed of about 50km per hour from the direction of the end of the city, along the two-lane road in front of the F cafeteria E in the front city of the front city, the Defendant driven at a speed of about 50km per hour from the direction of the end of the city, Busan.

Since a crosswalk without signal lights is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a pedestrian by properly examining the front door and the left and right of the motor vehicle and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and led the bicycle to the left-hand side from the right-hand side of the Defendant’s running side at the crosswalk on the bend side of the instant cargo vehicle by negligence, and the Defendant got the victim G (78 years old) to the front-hand side of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim from the occupational negligence above to the multiple trauma.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on a traffic accident, a report on the scene of an accident, a photograph of the vehicle, or a photograph of the vehicle image of the accident vehicle, and a report on the occurrence of

1. Application of Acts and subordinate statutes concerning autopsys;

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, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the range of recommending sentence] general traffic accidents in Article 62-2 of the Criminal Act [the range of recommending sentence] the area where punishment is mitigated (from April to October) (the area where punishment is not imposed, and the range of balancing compared with recommended punishment: April to October [the sentence] - Heavy negligence (Violation of the duty to protect pedestrians at the crosswalk), heavy consequences (Death) and three previous crimes (the same fine).

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