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(영문) 수원지방법원 평택지원 2013.04.25 2013고단269
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving B carren vehicles.

On December 26, 2012, at around 18:25, the Defendant was driving the above vehicle owned by the Defendant on the street 1st century in Pyeongtaek-si, Pyeongtaek-gu, 2012, and was proceeding in the direction of shot in the direction of shot-do in the direction of shot-do. At the time, the road is installed at the front road crossing, and the Defendant, who is engaged in driving a motor vehicle, had a duty of care to safely proceed after checking whether there is a pedestrian who gets to walk the crosswalk by temporarily stopping or driving the motor vehicle.

Nevertheless, due to occupational negligence, the defendant neglected and obstructed the above, the body part of the victim C (the age of 67) crossing the crosswalk was shocked to the right part of the defendant vehicle, resulting in the death of the victim due to cerebral cerebralcular, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of actual conditions and a traffic accident;

1. A corpse of corpse;

1. Application of each statute on photographs;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant causes the death of a pedestrian victim on the crosswalk, but the criminal liability is not minor in light of the result of the crime, etc., but the criminal liability is against the defendant, the vehicle of the defendant was covered by a comprehensive insurance, the defendant's agreement was reached with his bereaved family members, and the defendant did not have any criminal record exceeding the fine, and the punishment is determined as per the disposition and the suspended execution is to be sentenced.

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