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(영문) 창원지방법원 2014.03.25 2013고단3770

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2. Provided, 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 Patom car.

Around 16:50 on October 12, 2013, the Defendant driven the above car and driven the two-lane road in front of the 3-dong community service center in Kimhae-si at the speed of 16:0,000, at the speed of about 20km from the side of the lower post office to the lower speed of 3-dong community service.

Since it is a children protection zone and a crosswalk is installed, a person engaged in driving a motor vehicle has a duty of care to properly see the front side and the left side and the right, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and proceeded along with his fault while walking along the crosswalk, and did not find out the victim E (three years) who continued to proceed with the crosswalk because the pedestrian signal is changed to a red signal while standing along the crosswalk, and went over to the front part of the Defendant’s vehicle.

Ultimately, at around 20:15 on the same day as above, the Defendant caused the victim's death at G Hospital located in Busan Shipping Daegu F, thereby causing the victim to the shock shock caused by damage between trauma.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A traffic accident report, a report on actual condition investigation, accident-related photographs, hospital flag photographs, and black flag photographs;

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

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;

2. Article 62 (1) of the Criminal Act on the suspended execution (i.e., the recognition of and radius, the subscription to a comprehensive motor vehicle insurance, the agreement between the victim and his/her bereaved family members, and the fact that there has been no past record of criminal punishment for the past about 13 years, etc.);