(영문) 대구지방법원 의성지원 2015.01.29 2014고단302

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(영문) 대구지방법원 의성지원 2015.01.29 2014고단302

교통사고처리특례법위반

Text

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

However, 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 who is engaged in driving of 1 ton cargo vehicles C.

At around 17:55 on November 7, 2014, the Defendant, at the speed of 84.7km at the Si-Eup Myeon, proceeded with the front of the road E in the Sung-gun of Seongbuk-do at the speed of 84.7km.

At night, it was difficult to set the crosswalk at night, and there is a letter 60 km at the restricted speed of the crosswalk, so in such a case, the driver had a duty of care to prevent accidents by driving slowly and accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and proceeded to the speed above, and immediately discovered the Victim F (year 51) who was crossing the right side from the left side of the driving direction of the vehicle at the above crosswalk, but did not reach this, and received the victim from the front side of the cargo vehicle of the Defendant, and caused the victim to death by blood ples, etc. from the seat.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the results of the investigation and analysis of dead bodies, traffic accident reports, and traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the instant traffic accident is an accident caused by a violation of the duty to protect pedestrians in the crosswalk while the defendant was driving at a speed exceeding 20 km per hour, and the result is serious: Provided, That it is against the fact that his/her mistake is recognized, the fact that the defendant is a primary offender, the fact that the defendant is an agreement with his/her bereaved family members, and the fact that he/she

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

참조조문

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