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(영문) 전주지방법원남원지원 2020.12.15 2020고단281
교통사고처리특례법위반(치사)
Text

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

except that 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 string and freight vehicle B.

On June 1, 2020, the Defendant driving the above cargo vehicle around 20:0, and driving the four-lane road in front of the C apartment in the Namwon-si, Namwon-si, with four-lanes of “D apartment 4,” the Defendant proceeded at the Si 62.1km, depending on the four-lanes of “D apartment.”

There are three-distance crossings in which signal lights are installed, and the speed of restriction is 50km speeded, so there was a duty of care to prevent accidents, such as complying with the speed limit for those engaged in driving business, complying with the signal, and driving safely.

Nevertheless, the Defendant, without properly examining the front door, proceeds in excess of the speed of 12 km per hour, and without properly verifying the fact that the Defendant’s direction signal was changed to the red light, and despite the fact that the Defendant’s direction signal was a pedestrian signal at the front road, due to occupational negligence, which entered the intersection and the crosswalk as it is, without properly checking it, led the victim E (Nam, 17 years old) who passed the crosswalk from the right side of the Defendant’s direction to the left side according to the Defendant’s new sign and got the victim to go beyond the floor.

Ultimately, on August 26, 2020, the Defendant caused the death of the victim from a G hospital located in the Yasan-si F where the victim was sent back and was under treatment on August 26, 2020 due to the above occupational negligence, which caused the death of the victim to a multiple organ due to the injury of severe brain.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on internal accidents (with respect to signal systems at the scene of accidents), signal cycle signs, and notification on the results of analysis of traffic accidents;

1. A death diagnosis report and a written record of autopsy;

1. Application of the Acts and subordinate statutes to photograph a site photograph, witness vehicle boom image images;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Criminal Act;

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