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(영문) 수원지방법원 2013.04.10 2012고단6411

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On October 20, 2012, the Defendant, at the low-income level of 843-12, proceeded one lane in front of the “Emhemtex,” which is located in the non-salknaniii, Symhemar, at the low-income level, along a one-lane radius from the lower-income level.

At the same time, it is a road which is at night and is not divided between India and the roadway, and in such case, the driver engaged in the driving duty has a duty of care to safely drive while driving in good faith.

Nevertheless, by neglecting this, the victim C (the age of 50) who was walking along the edge of the road due to negligence was found late, and was taking a sudden action to avoid this, but did not avoid it, and the victim's head was faced with the front glass and the part of the Aler.

Ultimately, the Defendant caused the victim’s death by occupational negligence, resulting in the victim’s cerebrovascular death due to the two frameworks in the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, agreement with the bereaved family members of a victim, and fine, in addition to punishment, considering the absence of any special criminal record);