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(영문) 전주지방법원 군산지원 2014.12.10 2014고단1213
교통사고처리특례법위반
Text

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

except that 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 spectrum in the amount of car.

On July 29, 2014, around 20:05, the Defendant driven the above vehicle at the street of 425 km from the Sinsan Sea Network on the street of the Sinsan City on the street of the 425th day, and turned down the two-lane of the two-lane from the outer three-lane off of the Sindo at the speed of 50 to 60km.

Since a crosswalk is installed on the front side, in such a case, if a person engaged in driving service is driving along the crosswalk by reducing the speed, properly examining the right and the right of the front side, and if a pedestrian passes the crosswalk, the pedestrian was temporarily temporarily in front of the crosswalk, sent the pedestrian first, checked the safety of the pedestrian, and had a duty of care to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and proceeded at the same speed, and caused the victim D (the age of 67) to stand the crosswalk on the left side from the right side of the proceeding direction to the left side of the above vehicle.

Ultimately, the Defendant caused the victim’s death immediately by occupational negligence due to the death of the victim at the repulmonary treatment due to the climatic depression and the pulmonary treatment due to the surgery.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A corpse of corpse;

1. Notification of results of comprehensive traffic accident analysis;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act, such as the fact that the defendant's reason for sentencing under Article 62(1) of the suspended sentence, does not change the responsibility to cause death by collision with the victim who has dried a crosswalk due to his care, etc., and the conditions for sentencing unfavorable to the defendant, the defendant's time of committing the crime, and reflects the defendant. The victim's bereaved family members are not subject to the punishment of the defendant, and the fact that the defendant is aged 70

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