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(영문) 대전지방법원 홍성지원 2015.03.25 2015고단29
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 C-III cargo vehicles.

On December 8, 2014, at around 15:35, the Defendant driving of the above cargo vehicle, and proceeding three-lanes of the shooting distance in front of the Red Medical Center, Hongsung-gun, Hongsung-gun, Hongsung-gun, into one-lanes of the width distance from the Hongsung-gun, the Defendant came to turn to the left at the entrance of the parking lot for the Red Medical Center at the same distance.

Since the place was a road on which a crosswalk was installed immediately after the left turn, there was a duty of care to check in advance whether a person engaged in driving a motor vehicle is walking the crosswalk by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant did not confirm the pedestrian who passed the crosswalk at the left and proceeded to the left without confirming in advance whether or not there is a pedestrian who passed the crosswalk, and did not discover the victim D (if known, 60 years old) who walked on the right side of the right side of the defendant's right-hand side of the right-hand side of the victim's head, and had the victim use it on the ground floor by shocking the part on the left side of the cargo vehicle operated by the defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the 10th 14:45 of the same month from the Macheon National University Hospital at the Macheon National University Hospital at the 6th Macheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing dives and photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Determination of the reasons for sentencing [the scope of legally applicable sentences] under Article 62(1) of the Criminal Act (the following sentencing grounds] [the application of sentencing criteria] between one month and five years (the application of sentencing criteria]: Traffic crimes, general.

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