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(영문) 광주지방법원 순천지원 2015.05.12 2015고단131
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 of a passenger car at C highest price.

On December 9, 2014, around 05:55 on December 9, 2014, the Defendant proceeded ahead of the crosswalk in front of the Poldo-dong Poldo-dong, in the direction of Han Jae-ri, from the 88-ri, in the direction of Han Jae-ri, at a speed of about 60 kilometers per hour, depending on two-lanes of the way.

Since there is a crosswalk where a signal, etc. is installed, in such a case, it is 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 signals and prevent the accident from occurring.

Nevertheless, the defendant neglected this and received the left part of the victim D (the age of 81) who has dried a road on the left side of the vehicle from the right side of the vehicle under the crosswalk signals, as the front part of the vehicle's right side.

Ultimately, the Defendant caused the death of the victim by his occupational negligence in low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A traffic accident report, a traffic accident scene evidence photograph, and a death diagnosis report;

1. Degree of CCTV images and signal systems at the scene of a traffic accident;

1. Application of Acts and subordinate statutes to a written agreement;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents), the basic area (including persons who are specially mitigated) (including those who have been specially mitigated), punishment not (including those who have been seriously mitigated) / Cases where illegality in the proviso of Article 3(2) of the Act on Special Class 3 (2) of the School Regulations is serious [Determination of Sentence].

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