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(영문) 광주지방법원 목포지원 2019.08.16 2019고단176
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a observer car.

On February 16, 2019, around 07:06, the Defendant proceeded straight ahead of the two lanes of “D” in Franpo City C with approximately 62.6km speed from the “Gu public health clinic shooting distance” side to the “E” side.

At this point, as a children protection zone, it is a 30km section, and the signal apparatus and crosswalk are installed, so in such a case, the driver of the vehicle has a duty of care to check whether there is a pedestrian walking on the crosswalk by reducing the speed before entering the intersection and by examining the right and the right and the right of the road before entering the intersection, and to accurately operate the steering direction and the brake system so as to prevent the accident in advance.

Nevertheless, as a result of the Defendant’s negligence by entering the intersection at a speed of about 62.6 km per hour, when the signal of the crosswalk is red, the Defendant received the victim F (n, the age of 81) who was laid down on the left side from the right side of the direction of the Defendant’s running, from the front side of the Defendant’s vehicle, and fell into the ground due to its shock, and the victim’s death at the H Hospital emergency room located in Sinpo City G around 07:48 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of I;

1. A traffic accident report, a traffic accident report, a field photograph of the accident, a speed sign at the accident site (children protection zone), a traffic accident investigation report, an investigation report (Attachment to CCTV images and video CDs), an extract photograph from CCTV images, one copy of CCTV images, an investigation report (in the case of the accident site, for the section 30 km away from the children protection zone), and a traffic accident analysis report (Road Traffic Authority);

1. Application of Acts and subordinate statutes to the body of a deceased person, body of his/her body;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law:

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