beta
(영문) 의정부지방법원 2013.07.16 2013고단1376

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle C, and around 06:5 on 30, 201. 06:5, the Defendant was driving the vehicle in front of the bus stop at the Jinyang-si, Jinyang-si, in accordance with the two-lanes from the right edge to the right edge of the vehicle, while driving the vehicle in front of the bus stop at the time of the car, and driving the vehicle in front of the bus stop at the right edge from the right edge of the year. At that time, the vehicle is a new wall at the time, and there is a bus stop at that time. In such a case, the vehicle driver has a duty of occupational care to prevent the accident by driving the vehicle in advance, such as making a correct operation of the steering system, steering system, brake system, etc., while driving the vehicle on the right edge of the vehicle, but the vehicle is changed to the right edge of the vehicle on the front of the two-lane road due to the negligence of the victim on the part of the vehicle in front of the two-lane.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Part of the protocol of statement of the police officer G; and

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes on the screen by cutting off a photograph of the scene of an accident, a visual photograph, on-site photograph, or CCTV image;

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 (The following extenuating circumstances among the reasons for sentencing);

1. In light of the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., the victim’s serious result has occurred due to the instant accident, etc., the nature of the crime was unafford, but the defendant is divided, and against himself/herself, at the time, was a new wall, and the victim was disafford.