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(영문) 전주지방법원 2015.06.23 2015고단384
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

On January 20, 2015, at around 11:45, the Defendant operated a c-learning car and proceeded to turn to the left at the left, depending on the two-lane road near the E-static point in the front city, the front city, along with one-lane.

On the road of the above vehicle, there is a center line of yellow-ray, so the driver is not obliged to run the vehicle safely, such as reducing speed and checking whether there is a pedestrian or not, since the studio village, which is driven by left-hand turn, has a crosswalk installed in front of the studal stop, and therefore, there is a duty of care to drive the vehicle safely.

Nevertheless, the Defendant neglected to do so and did not find out the victim F (Nam, 81 years of age) who cross the crosswalk in front of the above E-stop landing point toward the port from the right side of the vehicle in the direction of the vehicle due to the occupational negligence going beyond the median line as it was, and did not turn back to the front part of the motor vehicle. The victim immediately returned to the hospital, but died of brain pressure due to cerebral blood, etc. at the Jeonnam University Hospital located in 20, Seo-gu, Seoul Special Metropolitan City on January 20, 2015.

As a result, the Defendant, as a driver of a vehicle, caused the death of the victim due to the above occupational traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on traffic accidents, photographs, and reports on the occurrence of traffic accidents;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) of the probation and community service order shall be the second type of general traffic accident.

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