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(영문) 수원지방법원 안양지원 2013.05.08 2013고단356

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

On March 16, 2013, at around 17:00, the Defendant driven a C&L car and proceeded back on the side road near the D&M store in Ansan-gu from the E-Maart-gu to the F market room. On March 16, 2013, the Defendant came to turn to the left from the distance front of the fixed landing point to the G middle school room.

Since there are many markets and many pedestrians in both roads, the driver of the vehicle has a duty of care to prevent accidents in advance by taking a good look at the ebbbbbrance of the driver of the vehicle.

Nevertheless, when the defendant neglected to turn to the left due to negligence, the defendant got the victim H (the age of 83) who was moving to the left from the right side of the defendant's running direction to the left side, and followed the car with the wheels of the car.

The Defendant caused the death of the victim by occupational negligence due to serious brain injury in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report on actual condition, each photograph, and death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall apply to the first crime committed by the defendant, against his/her mistake