(영문) 광주지방법원 순천지원 2013.04.04 2012고단3214

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자간(%)

(영문) 광주지방법원 순천지원 2013.04.04 2012고단3214

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 BP car.

On October 18, 2012, around 19:10, the Defendant, along the two-lanes, proceeded ahead of the chill road, at a speed of about 70km from the direction of the Suduk Road, along the two-lanes, at a speed of about 19:10 meters.

At the same time, the surrounding area was not good for a short time, and the place was the full straight line of two-lanes, and the crosswalk was installed on the front side of the Defendant’s running direction, so in such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to check whether there is a person who gets to reduce speed in advance and to check the front side and the right and the right and the right and the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and did not discover the victim C, who was standing a crosswalk from the right side of the front direction of the Defendant’s proceeding to the left side, and did not discover the victim C, who was standing on the left side of the road, and had the above victim go beyond the road by shocking the above victim to the right side of the motor vehicle.

The Defendant caused the death of the victim by occupational negligence due to the blood transfusion in the two places.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The agreement with the bereaved family members of the victim, the fact that there is no previous conviction or more than the suspension of execution, and the fact

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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