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(영문) 대전지방법원 2014.10.23 2014고단2675
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 is engaged in driving Category C Laren vehicles.

On July 24, 2014, the Defendant driven the above vehicle at around 13:50 on July 24, 2014, and led to the left-hand turn to the right-hand turn at the right-hand side of the road connected to the intersection vibration at Sejong City.

Since there is an intersection where signal lights and crosswalks are installed, the defendant engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle by safely driving the motor vehicle, such as checking the front line, complying with the signal, referring to pedestrians driving the crosswalks, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and received the victim D (the age of 14) who crosses the crosswalk from the left-hand side to the right-hand side by the negligence of failing to turn left-hand turn in violation of the signal, and received the front part of the above vehicle.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence on July 25, 2014, and caused the victim to die with cerebral mascule in the Daejeon-gu Daejeon University, Daejeon-gu, Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report on traffic accidents;

1. A death certificate;

1. Application of CCTV-related Acts and subordinate statutes to accidents;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] The consideration of traffic crime group, general traffic accident (type 2), basic area, the imprisonment without prison labor for August to June (Pronouncement decision] initial crime, the purchase of automobile comprehensive insurance, the serious reflection of the victim's non-existence of punishment, and the clear social relation;

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