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(영문) 창원지방법원 2012.12.27 2012고단2660

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On March 7, 2012, around 23:05, the Defendant, who is engaged in driving of Lone Star Co., Ltd., was driving the road in front of Lone Star growth type, which is in the cream at the time of Kim Jong-si, was driving from the cream box to the front side of a cream elementary school.

Since there was difficulty in visibility at night, there was a duty of care for those engaged in the driving of motor vehicles to live well on the right and the right, and to prevent accidents in advance by driving safely.

Nevertheless, when the defendant neglected to perform his duty of Jeonju, he got a victim C(52 years of age) who crosses the road to the right side from the left side of the direction of the vehicle running by the defendant, due to his negligence, and went beyond the right side of the front-hand part of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the pulmonary blood transfusion and the mathatha in the Kimhae-dong Kimhae-dong 1130-17, Kimhae-dong, where the Defendant was under the control of transmission at around 03:49 on May 25, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each actual survey report, death diagnosis report, and photographic Acts and subordinate statutes related 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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act is against the time of the crime of this case,

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;