beta
(영문) 제주지방법원 2012.05.14 2012고단289

교통사고처리특례법위반

Text

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

However, 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 rocketing vehicle B.

At around 17:50 on November 29, 201, the Defendant, at a point of 300 meters on the 300-meter radius from the new village of driving, operated the said vehicle in a two-lane from the 300-meter radius from the new village of driving.

Since a crosswalk is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets on a road by reducing speed and by checking well the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and failed to discover the victim C(A, 67 years of age) who walked the way to the right side from the left side of the course due to his negligence, and caused the victim's death to the outside person by shocking the body part of the above vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A comprehensive analysis of traffic accidents;

1. Related photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) and (2) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) and (2) of the Criminal Act (see, e.g., Supreme Court Decision 2008Da1

1. Order to attend lectures under Article 62-2 of the Criminal Act;