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(영문) 광주지방법원 2014.08.21 2014고단2142
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 low-speed car B.

On March 12, 2014, the Defendant driven the above car on March 12, 2014, and led to a three-lane road near the entrance of the Korea Highway Corporation located in Gwangju Northern-gu, to proceed at approximately 50km each hour at a speed of 10km from the two-lanes along three-lanes to the Gwangju Sports High School.

At the time, a crosswalk was installed in the front of the road at night and at the night, and there was a duty of care to see the right and the right and the right of the driver and to reduce the speed of the driver, and to prevent the accident in advance by driving safely under the new subparagraph.

Nevertheless, the defendant neglected this and caused the defendant to use the body side left side of the victim C(64 years old) who dried the crosswalk on the right side of the road in the direction of the defendant's course by the negligence that the vehicle signal, etc. go red, in violation of the signal, and used it on the ground.

Ultimately, around March 12, 2014, around 08:18, the Defendant caused the said victim by occupational negligence to die with the crypus at the Joseon University Hospital located in 365, Gwangju-gu, Gwangju-gu, with the crypus of 365.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The basic area of the second type of traffic accident (the death of traffic accident) ( August to June) (the crime of this case in violation of the signal) is heavy in illegality due to the shocking of pedestrians on the crosswalk, and as a result, the punishment of imprisonment without prison labor shall be selected and the term of punishment shall be determined.

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