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(영문) 전주지방법원 2017.08.22 2017고단836
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of 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 of Crando XG car.

On February 23, 2017, around 06:40, the Defendant driving the said car in front of the E Hospital at Kim Jong-si D, and driving the car at a speed of about 36 km from the surface of the non-private road to the surface of the terminal of the cross-city bus at the speed of 36 km from the surface of the non-private road. On February 23, 2017, the Defendant entered the intersection where yellow flickering signal and crosswalk are installed.

In this case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the front and rear left and right while driving the vehicle.

Nevertheless, the Defendant’s failure to perform such duty of care, thereby finding the Victim F (82 years old), which was a building on the road according to the crosswalk, late later, caused the Defendant’s death by an occupational negligence, resulting in the Defendant’s death by having the victim using the said car, due to an external cerebral cerebralopty, acute pulmonary typosis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site evidence photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Circumstances in favor of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure: Circumstances that are favorable for sentencing under Article 62-2 of the Act on the Suspension of Execution: The victim’s deposit KRW 350,010 in order to compensate for damages, and the vehicle is covered by comprehensive insurance; the defendant does not have any criminal record; the defendant was unable to find in advance the victim who was suffering from clothes in the test color system under the length of the accident at the time of the accident; and the defendant promptly transferred the victim to the hospital to rescue the victim immediately after the accident: The location of the accident in this case is the crosswalk; the yellow flickering signal was operated at the time of the accident; and the victim’s death.

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