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(영문) 창원지방법원 통영지원 2014.06.02 2014고단122
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 Cone Star A.S. car.

On October 25, 2013, at around 18:35, the Defendant driven the above vehicle and proceeded directly with the intersection of the three-lane from the ridge to the left-hand one-lane, the left-hand one way from the ridges.

On the other hand, there are only two lanes, a straight lane, and there is a crosswalk without signal apparatus, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering gear and operating the steering system in advance and properly.

Nevertheless, by entering and proceeding into a straight lane as it is while the left-hand lane, the Defendant was placed at the right-hand side of the victim D (the age of 72) who temporarily d'(the age of 72) around the median line, adjacent to the crosswalk in the right-hand side of the Defendant’s running direction, and was placed at the left-hand side of the said knife.

Ultimately, around January 2, 2014, at around 01:54, the Defendant caused the victim’s death by the occupational negligence, which was being treated by the F Hospital located in Seo-gu Busan, Seo-gu, but caused the death of the victim due to the chronic shock caused by the external shock.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a actual condition survey report, on-site photographs, and a criminal investigation report;

1. Application of Acts and subordinate statutes to medical certificates and death medical certificates;

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. It shall be decided as ordered by the court on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., confession, reflect, vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance and agreed with the bereaved family and the primary offender);

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