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(영문) 창원지방법원 통영지원 2014.04.10 2014고단51

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 of B Costasch Rexroth.

On December 3, 2013, at around 11:27, the Defendant driven the above van and operated 60-way from the entrance side of the Mapo Village to the Mapo-ray.

At this point, there is no car line and delivery as a side road in the city-alley village, and many pedestrians pass, so in such a case, the defendant who is engaged in driving a motor vehicle has a duty of care to check whether there is a person to reduce speed and to see well, and to prevent accidents in advance.

Nevertheless, the Defendant neglected to perform his duty at the time of front-way and did not find out the victim C (n, 2 years old) who was moving to port from the right side of the above vehicle due to the negligence of driving the vehicle, and received the victim from the front part of the above vehicle and got the victim back to the ground, and the victim exceeded the road as is.

Ultimately, the Defendant caused the victim to die due to the pressure and damage of the satise at the E Hospital located in D at the time of the satise-si on December 3, 2013 due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. The actual condition survey report;

1. C body autopsy report;

1. Application of the statutes governing traffic accident-related photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall not apply to the accused, except once a fine is imposed to him/her