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(영문) 대전지방법원 천안지원 2014.10.30 2014고단1080
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

The defendant is a person who is engaged in driving of CSP car.

At around 16:20 on June 20, 2014, the Defendant proceeded at the speed of the city at the speed of the non-speed, depending on one lane from the original direction towards the road of the 3-lane Do in front of the original friendly apartment in the Dong-dong, Chungcheongnam-gu, Seoul.

Since there is a crosswalk on which signal lights are installed at the front of that place, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to check well the front door, and to safely drive the motor vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim D (70 years of age) who cross the crosswalk from the right side to the left side of the vehicle to move it on the road, due to the negligence that continued to proceed even though the signal is changed to the stop signal.

Ultimately, at around 16:34 of the same day, the Defendant caused the victim's frighten death by occupational negligence, based on the bones of the bones of Maternal Gule.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Survey report on actual condition, field map, generation report, field photographs, and visual body photographs, etc.;

1. Application of Acts and subordinate statutes to a written autopsy and postmortem examination report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution of the traffic accident of this case where the traffic accident of this case resulted in a serious result that is the death of the victim, and the degree of negligence of the defendant is significant. However, the fact that the defendant is in depth divided, that the defendant has agreed with the bereaved family members of the victim, that the defendant would not stop the same accident again, and that he disposes of the vehicle owned by him.

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