(영문) 광주지방법원 2014.04.22 2013고단6219

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(영문) 광주지방법원 2014.04.22 2013고단6219

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 16, 2013, the Defendant, who is engaged in driving the BP car, driven the above car at the crosswalk in front of the ordinary course of business in the Seo-gu, Seo-gu, Gwangju, Seo-gu, and proceeded to the direction of the wind distance from the direction of the ground of the straw tunnel.

Since the crosswalks are installed in the front of that place by signal apparatus, the traffic control by the signal apparatus is safe in accordance with the signals, there was a duty of care to safely drive the crosswalks to protect pedestrians.

Nevertheless, the Defendant neglected this and caused the death of the victim C (the 66-year-old) who was a pedestrian’s bridge pursuant to the pedestrian signals due to his negligence in violation of the stop signal, and caused the death of the victim by shacking the front part of the said vehicle, and breaking the victim beyond the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. An initial and actual survey report on the traffic accident site;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the traffic accident of this case, for which the defendant does not follow the signal apparatus stop signal and is, instead, led to the shock of the victim crossing the road normally at the crosswalk, and its illegality cannot be deemed to be negligible. Furthermore, as long as the victim dies due to the traffic accident of this case, the corresponding punishment against the defendant is inevitable.

However, the defendant has no particular criminal history, and the traffic accident of this case where the defendant died.

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