beta
(영문) 수원지방법원 안산지원 2013.10.16 2013고단2103

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a e-cub vehicle B.

Around 00:30 on June 7, 2013, the Defendant driven the said car and proceeded at the speed of about 70 km from the uppermost parallel to the uppermost parallel of the four-lane road located in Ansan-dong 733, Ansan-si.

A person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce speed and to check the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the victim C and 59 years of age crossing the road to the right side from the left side of the course due to negligence of neglecting this, was found late, and the victim was the first part of the passenger car to the right side.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., brain cerebrovassis from the tin.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D, E, and F;

1. The actual condition survey report;

1. Each photograph;

1. Application of the comprehensive traffic accident analysis report and the appraisal report and the Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., that there is an penance, that there is a negligence of crossing the road without permission for the victim at night, and that there is a smooth agreement with the bereaved family members of the victim);

1. Social service order under Article 62-2 of the Criminal Act;