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(영문) 수원지방법원 2014.01.08 2013고단6188

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 engaged in driving B vehicles.

On October 27, 2013, at around 18:10 on October 27, 2013, the Defendant driven the above vehicle and driven the street in front of the Gangnam Women's Hospital, which is located in the Suwon-si transfer-dong of Suwon-si, using two-lanes of the two-lane distance.

Since the place has a lot of traffic of vehicles and people who want to cross the road around the road, there was a duty of care to prevent accidents by considering the front, rear, and left and right of the vehicle driver.

Nevertheless, the defendant neglected his duty of care and neglected to cross the road from the right side of the defendant's proceeding direction to the left side of the road, and found it late to find the victim C (at 79 years of age) who intends to cross the road from the right side of the road, and shocked the victim into the front side of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim at the E Hospital located in Suwon-si, Suwon-si, on October 28, 2013, at around 07:45, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual survey report on traffic accidents;

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, reflectivity, agreement with the bereaved family members of the victim, and negligence of the victim and the occurrence of the accident in this case, and the primary crime) in the suspended execution;