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(영문) 춘천지방법원 영월지원 2014.09.30 2014고단314
교통사고처리특례법위반
Text

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

except that 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 drives a rocketing car.

On May 30, 2014, around 12:15, the Defendant was driving at a speed of about 50 km, depending on the two-lanes of speed, the front of the Dcar Center, which is located in Thai City C, with a yellow slope from the scopic surface to the yellow slope.

Since a crosswalk without signal lights is installed and the passage of pedestrians is expected, in such cases, drivers have the duty of care to ensure that pedestrians are confirmed and safe driving by reducing speed and checking the right and the right and the right of the crosswalk.

Nevertheless, the defendant's negligence of neglecting this and led to the death of the victim E (the age of 75) crossing the crosswalk from the left side of the defendant's driving direction to the right side of the road by taking the victim into the front-hand part of the vehicle of the defendant's driver's vehicle, which led to the death of the victim due to cerebral wave around 15:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A death certificate;

1. Application of the report on the occurrence of a traffic accident, the report on a traffic accident, and the on-site photographing statutes;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case with the reason of sentencing under Article 62(1) of the Criminal Act led to the result that the victim’s death could not be observed, but considering the fact that the victim’s bereaved family members agreed with

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