beta
(영문) 수원지방법원 2014.03.19 2013고단7038

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 a car in a SP area.

On November 23, 2013, at around 17:08, the Defendant driven the above vehicle and proceeded with the front road of 288-2, which is located in the area of the Suwon-si, along the two-lanes in the direction of the Rural Development Administration in the direction of the Rural Development Administration, while entering the intersection of the area in which the career disaster occurred in the direction of the Rural Development Administration.

Since there is a signal apparatus installed, it has been negligent in exercising the duty of care to proceed according to the new code, and has been straighted by violating the signal signal on the stop signal.

At that time, the victim D(38 years of age) driving EW125EX2 OE2, which had been directly driven by normal signal at the part of the driver's vehicle of the Defendant, caused the death of the victim due to brain training and paralysiss while receiving treatment from the G hospital's middle patient room in Suwon-si F on November 24, 2013. < Amended by Presidential Decree No. 24290, Nov. 24, 2013>

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Statement of the police statement related H;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectiveness, initial crime, and the fact that the victim has agreed with his/her bereaved family members);