(영문) 의정부지방법원 2013.04.12 2013고단450

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(영문) 의정부지방법원 2013.04.12 2013고단450

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On December 25, 2012, at around 22:19, the Defendant operated a temporary number B, Ablurtd car, which is a business, with two-lane road near the 46-lane 46-lane dong in both weeks, and it is difficult to secure the view at night. Thus, it is difficult at the time to secure the view at night. Thus, it was difficult to discover the victim C (56 years old) who drives the crosswalk without permission in front of the said vehicle due to negligence in the course of driving the vehicle while neglecting the duty of care for safe operation, such as thorough performance of the duty of front-time watch, and due to the negligence in the course of driving the vehicle without permission, the Defendant received the victim's body in front of the said vehicle and suffered low blood shock shock, etc., and caused the death of the victim at the Dental Hospital located in the city of the government around 20:51 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs;

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act include the following: (a) the Defendant’s responsibility is unlimited in that there was a serious result of the death of the victim due to the negligence of the Defendant due to the reason for the sentencing; (b) the Defendant has no criminal records exceeding the fine; (c) the Defendant was covered by a comprehensive insurance; (d) the bereaved family members are not punished by mutual consent with the victim’s bereaved family members; (d) the victim was crossing the crosswalk on the pedestrian signal signal without permission; and (e) the victim was negligent by the victim, such as the victim’s cell phone call at the time

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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