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(영문) 대전지방법원 홍성지원 2015.02.06 2014고단770
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On August 9, 2014, at around 19:55, the Defendant proceeded two lanes near the solar distance, which is located in the subordinate agency of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Seoul-si, the lower court, along with a single speed of about 40 km each hour, from the surface of the above luminous area to the erode of the red-gun, Chungcheongnam-gun.

At the time, it was difficult to keep the surrounding area due to no particular street lights on the road at night, and there was a crosswalk immediately before entering the intersection, and in such cases, there was a duty of care to check whether there is a person walking the crosswalk prior to entering the intersection and to accurately check the surrounding traffic situation in accordance with yellow ray.

Nevertheless, the Defendant did not accurately confirm whether there is a pedestrian walking along the crosswalk and the surrounding traffic situation, and operated the said vehicle without temporarily suspending in front of the crosswalk, and found the victim C (the 76 years old) walking along the crosswalk to the right side at the right side of the defendant's running direction late, and operated the brake, but did not stop the victim's body, and was in front of the right side of the said vehicle operated by the defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the time of the foregoing 23:26 on the same day from a single university hospital located in the Gangnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, to the low-tension shock from the brupt 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D;

1. Reports on the occurrence of traffic accidents;

1. A report on traffic accidents and a report on actual condition;

1. An accident analysis report prepared by Road Traffic Authority;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;

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