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(영문) 전주지방법원 군산지원 2014.12.17 2014고단916
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2014, at around 07:25, the Defendant driven the D convenience store located in the Gunsan-si C, in front of the D's point of convenience, from the direction of the shot (U.S.) of the C's (U.S.) of the C's (U.S.) of the C's (U.S.) of

At this point, since a yellow flickering is installed in the defendant's moving direction, a person engaged in driving service has a duty of care to prevent accidents, such as lowering the speed at the time of entering the intersection, avoiding collision with other vehicles passing through the intersection by examining the traffic around the intersection, etc.

Nevertheless, the Defendant neglected to do so and got the victim F (18 years old) who was a bicycle driver by entering the intersection first and driving it at the intersection as the front part of the said car.

On June 29, 2014, the Defendant: (a) caused the victim to die due to the suspension of cardiopulmonary function due to cerebral function by the brain death at the Donsan-si Hospital of 895 Mine University (U.S.) in the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

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. In the event that a red and flickering lights have been installed in the direction of the victim's proceeding but a red and flickering lights have been installed, vehicles and horses may proceed with the temporary suspension of operation with due care to other traffic, after the temporary suspension of operation under Article 62 (1) of the Criminal Act (the favorable circumstances of the reasons for the sentencing below).

(Attachment 2 of Article 6 (2) of the Enforcement Rule of the Road Traffic Act). The punishment shall be determined as the order by taking into account the favorable circumstances, such as the fact that the victim's negligence without a temporary suspension appears, the comprehensive motor vehicle insurance is subscribed, the agreement is reached with the victim, and the primary crime is the primary offender.

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