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(영문) 창원지방법원 통영지원 2013.08.14 2013고단264

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driver's car.

On March 23, 2013, at around 06:00, the Defendant driven the said car at the speed of about 50 km from the surface of the earth and the north, along the two-lanes of the two-lanes in front of the United Kingdom Elementary School located in the Northwest-si, Si, Si, Gyeong-do, in order to drive the said car at the speed of about 50 km.

At the time, it was a place where a crosswalk was installed, and there was a place where a crosswalk was installed. In such a case, a driver of a motor vehicle has a duty of care to thoroughly look at whether there is a pedestrian who gets on the crosswalk and the right and the right and the right and the right and the right and the right and right of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to find out the victim D (A, 69 years of age) who was standing a crosswalk from the right side of the direction to the left side, and did not get the victim's body part into the front part of the driver's car.

Ultimately, at around 06:11, the Defendant caused the death of the victim due to the respiratory failure, etc. in his/her workplace on the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, a traffic accident report, a traffic accident-related person's statement, and an accident-related photograph;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance and agreed on with the bereaved family members, etc.);