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(영문) 대전지방법원 천안지원 2015.05.08 2015고단370
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of a D Poter cargo vehicle.

On February 11, 2015, the Defendant driven the above cargo vehicle around 11:10, and proceeded at a speed of 40km from the distance of the sports complex to the speed of 40km per hour, depending on the two-lane viewing paths behind the National Health Center for Viewing and Viewing in Seoan-gu, Seoan-gu, Seoan-gu, Seoan City, Seoan-gu.

On the other hand, there was a crosswalk where signal lights are installed at the front door, so in such a case, it was necessary to confirm whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed even though the signal was a stop signal.

According to the pedestrian signals, the victim E (n, 76 years old) who was crossinged on the left side of the crosswalk was immediately found and was able to avoid this, but the defendant did not avoid it and did not go beyond the ground by receiving the victim's left upper half of the cargo vehicle from the defendant's right side.

On February 11, 2015, the Defendant by occupational negligence caused the death of the victim due to external wound in the Yacheon-gu Hospital in the Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Entry of the actual survey report and the traffic accident report;

1. To describe the corpse of autopsy;

1. Application of each video statute in relation to photographs of the scene of the accident, photographs of witnesses' black records, outputs of video images of the field investigation, and 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 suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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