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(영문) 수원지방법원 안산지원 2014.07.15 2014고단584
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The Defendant is a person who is engaged in driving a CTXG car.

On January 16, 2014, the Defendant driven the said car at around 00:40, and proceeded to the luminous intersection of the three-lane iron crossing of the three-lane 13-lane 1301 road, which is located in 57-lane 57, a iron-based iron-based, a iron-based, an iron-based, an apartment complex of 1301.

Since the location is where a crosswalk with signal lights is installed, there was a duty of care to check whether there is a person who gets on a way to drive a vehicle by reducing speed in advance and reducing speed and by checking well the right and the right and the right of the road in advance, and to safely drive a vehicle according to the new subparagraph.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 69) who gets on the port from the right side of the running direction of the Defendant by entering the crosswalk as it is, due to the negligence that the vehicle driving signal is changed to yellow signal, and caused the victim D (the age of 69) who gets on the front side of the said vehicle to be faced with the front side of the said vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the damage to the head’s father.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A report on the occurrence of actual conditions and a traffic accident;

1. A written autopsy or a medical record and a copy of a certificate;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on traffic accident assessment, and reports on requests for appraisal;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, and the

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

1. A driver is driving in violation of the reasons for sentencing under Article 62-2 of the Criminal Act.

The nature of the crime is poor in that it causes the death of the victim by putting the victim on the lane: Provided, That the fact that the defendant confessions and reflects the crime, and the victim is the victim.

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