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(영문) 창원지방법원 진주지원 2014.09.19 2014고단732
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On July 5, 2014, at around 20:25, the Defendant driven the above cargo vehicle and proceeded at a speed of about 82 km at a speed of about 82 km per hour in accordance with one lane, toward the direction of the sloping village in the direction of the moving side in the direction of the sloping village in the direction of the moving side.

At the time, there is a crosswalk where signal lights are installed at the front of the road as the section at night and the speed limit is 60 km per hour, so there was a duty of care to see the speed limit as a driver of the motor vehicle and to safely proceed in accordance with traffic signals.

Nevertheless, the Defendant neglected this and had the victim go to the right side side of the victim D (e.g., 50 years old) where the victim D (e.g., 50 years old) where the victim was a crosswalk in accordance with the new name on the right side of the moving direction due to the negligence in the course of the Defendant’s driving in violation of the stop signal without putting the front side at a speed of more than 22 km per hour, and caused the victim to go to the right side side of the cargo.

Ultimately, the Defendant suffered from an injury to the above victim due to the above occupational negligence, which led to the death of the victim at the Gannam University Hospital located in Jinnam-ro 79, Jinnam-si around 13:26 on July 8, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report;

1. A death diagnosis report and a written record of autopsy;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes on internal investigation reports (investigation into Skidmark);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act is 22 km at night by the defendant.

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