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(영문) 전주지방법원 2015.05.12 2015고단226
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 a CM car.

On December 26, 2014, the Defendant driven the above car on December 13:30, 2014, and proceeded at a speed of about 20 km in the speed of 30 km in front of the agricultural cooperative located in the 307-ri Eup, non-Si, non-Si, non-Si, non-Si, non-Gun.

On the other hand, a crosswalk is installed at the front of the road, and the two-lanes of the above road are parked, so the driver of the vehicle has a duty of care to safely pass the crosswalk after checking whether there is any person who gets on the front side and the left side of the road.

Nevertheless, the defendant neglected this and neglected his duty to protect pedestrians, and caused the victim D(80 years of age) to walk on the left side from the right side of the defendant's proceeding to the left side, and received the front side of the victim D(80 years of age) with the front side of the above passenger car.

As a result, the Defendant caused the victim to die from the above occupational negligence on January 4, 2015, by an acute dynasium due to the cutting of cage at the Soyang University Hospital located in 158, Seo-gu, Seo-gu, Seo-gu, Daejeon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) is that the defendant violated the duty to protect pedestrians crossing a crosswalk, and that result in the victim’s death serious result, the defendant’s responsibility is not minor.

On the other hand, however, the defendant's mistake is seriously against the defendant, and the defendant is accused.

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