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(영문) 수원지방법원 성남지원 2012.11.22 2012고단560

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicle C.

On March 6, 2012, the defendant driving the above vehicle around 15:30 on March 6, 2012, and driving the three-lane road of the distance in front of the Gu branch office in the Gwangju Metropolitan City along the direction of the Gwangju Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to thoroughly operate the steering time and to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and found the victim E (Nam and 13 years old) who crosses the road to the right side from the left side of the proceeding direction due to the negligence that did not thoroughly stop, and caused the victim to face the front left side of the above cargo vehicle.

At around 18:17 of the same day, the Defendant caused the death of the victim by blood transfusion shock at the F Hospital on the same day.

Summary of Evidence

1. Results of on-site inspections;

1. Reports on traffic accidents, and reports on the occurrence of 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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Judgment on the assertion of Article 62(1) of the Criminal Act

1. The defendant and his defense counsel's argument that the defendant had been driving in one lane among three lanes, and the victim went back from the side of a large bus which was stopped for left turn at the one lane opposite to the defendant's proceeding while crossinging a six-lane road without permission. The defendant asserted that he could not have predicted the accident at all or could not avoid it.

2. The driver of a motor vehicle shall perform his/her duty of care to the extent that he/she can avoid the result of the judgment in preparation for the ordinary predicted condition;

The accident site of this case, 1. The accident site of this case.