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(영문) 수원지방법원 안양지원 2013.10.30 2013고단967
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 DNA car.

On May 23, 2013, the Defendant driven the above vehicle on May 23, 2013, and parked the above vehicle at the entrance parking zone line in the tri apartment complex located in the Dong-dong of the Gu during the safe-time period.

At the same time, the total weight of the vehicle was significant since the vehicle was lost, and there was a slope in the rear side of the parking place, so in such a case, the driver of the vehicle had the duty of care to safely park the vehicle and prevent the accident by safely parking the vehicle, such as operating the motor vehicle before parking or the rear side after parking the vehicle to the driver of the vehicle, and operating the brake for parking.

Nevertheless, the defendant operated a transition system as a neutral location and operated a parking brake without operating it properly, and the above vehicle parked by negligence is pushed ahead, and the victim E (the 64 years old) who walked on the right side from the rear side of the defendant's vehicle to the left side from the rear side of the vehicle was left behind by the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, namely, the death of the victim from the stone.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) (2) (the actual survey report);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts

1. Selection of alternative imprisonment without prison labor;

1. In light of the fact that the result of the victim’s death for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence occurs, it is reasonable to place the Defendant on a strict punishment.

However, 73,280,000 won was paid to the bereaved family members due to the fact that there was no criminal history, the crime is closely reflected in the crime, and the comprehensive insurance was purchased.

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