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(영문) 광주지방법원 순천지원 2015.01.13 2014고단1619
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who drives a C-A-Wurd-Wurt Motor Vehicle.

The Defendant driven the said car around 06:40 on August 7, 2014, and driven the said car and proceeded the two-lanes of the E fixed zone D and the three-lanes in front of the Franchiscison.

Since the front door is a road on which a crosswalk is installed, the driver of the motor vehicle has a duty of care to reduce the speed as a driver of the motor vehicle, verify the existence of a pedestrian, and safely drive the front door in a safe manner to prevent the accident in advance.

Nevertheless, the Defendant neglected to perform the above duty of care and took part of the victim F who walked on the left side from the right side of the Defendant’s car driving direction to the left side at the front of the Defendant’s car.

In the end, the defendant caused the death of the victim due to brain damage from the job by occupational negligence.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, actual condition survey report, body autopsy report, black stuff photographic photographic image

1. The reason for sentencing of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts is the case where the victim who dried a crosswalk is shocked to a car and caused the death of the victim.

The fact that pedestrians should be protected is the most fundamental matter of traffic order, while the fault of the defendant who violated this is serious, while the vehicle is coming from the vehicle, and there is no error in the victim who dried the crosswalk.

(A) The victim examined the vehicle coming from the right side of the pedestrian direction, and the defendant's driver's vehicle moving fast from the left side of the pedestrian direction is not considered to be a driver's vehicle, and the accident was caused by the accident. Due to the instant case, the victim died in a harsh manner, and the bereaved family was a big shock that could not be able to go to the bereaved family members.

the same shall apply.

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