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(영문) 창원지방법원 통영지원 2013.08.14 2013고단279
교통사고처리특례법위반
Text

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

except that 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 Csch Rexton car.

On March 2, 2013, the Defendant driven the above vehicle on March 2, 2013, while driving the vehicle at a lower level, and driven the vehicle at a crosswalk in front of the bus stop at the entrance of the coastal village at the lower level.

At the time, there are nights, and there are lots of crosswalks installed, so the driver had a duty of care to check whether pedestrians have been or not, by reducing speed and checking well the right and the right of the driver and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded without confirming whether or not there is a pedestrian, and the Defendant did not discover the victim D(77 years of age) to the right side on the left side by using the crosswalk and received the victim as the front part of the Defendant’s vehicle.

Ultimately, around March 2, 2013, around 21:24, the Defendant caused the death of the victim at the Busan East Asia University Hospital with low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A traffic accident report, a traffic accident-related person's statement, a photograph related to the scene of the accident, and a actual condition survey report;

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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act provides that although the result of the death of the victim was caused by the instant accident, considering such factors as the Defendant’s deep reflects on the instant crime, the Defendant is the primary offender, the vehicle driven by the Defendant is covered by the comprehensive motor vehicle insurance, and deposit KRW 20 million in total

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