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(영문) 전주지방법원 2016.09.06 2016고단612
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 car in a SP area.

On April 7, 2016, the Defendant driven the said car on April 10:37, 2016, and proceeded at a speed of about 70 km from the front city to the next west-si, Seojin-gu, Seoul Special Metropolitan City, about 291, the two-lane road in front of the entrance of the Daejin-gu, Seojin-gu, Seoul Special Metropolitan City.

Since signals, etc. are installed on the front side of that place, there is a duty of care to prevent accidents in advance by safely driving the person engaged in the driving of motor vehicles in accordance with the new code.

Nevertheless, the Defendant neglected this and got the victim D (the age of 42) who dried the crosswalks in front of the said vehicle in front of the said vehicle with the pedestrian signal, and caused the victim to die due to the multiple trauma damage, etc. at the former university hospital located in the 20-gu Seoul Special Self-Governing City on the same day at around 11:26 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Each investigation report (on-site investigation and confirmation of black stays, closure of black stay images, and attachment of video data);

1. A corpse of corpse;

1. On-site photographs and the closure of a black stuff;

1. Application of the Acts and subordinate statutes to a copy of a black image;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation] The case where illegality is serious in the basic area (eight to two years) of types of traffic accidents (the death of traffic accidents) (excluding the case of a specially under guard) (Article 3(2) (proviso) (excluding the case of traffic signal violations and pedestrian protection obligation of crosswalks) (the case of a specially under guard) (the case of violation of signal violation and pedestrian protection obligation of crosswalks) (the case of a specially mitigated person).

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