(영문) 창원지방법원 진주지원 2012.12.12 2012고단1854

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(영문) 창원지방법원 진주지원 2012.12.12 2012고단1854

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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 the driving of freight B and B.

At around 05:50 on September 12, 2012, the Defendant driven the above vehicle, leading the three lanes in the direction of Sacheon-Eup in the direction of Sacheon-si, Sacheon-si, Sacheon-si.

Since a crosswalk is installed on the front side, the driver of the motor vehicle had the duty of care to ensure that the driver of the motor vehicle is obliged to build the crosswalk by checking the front side and the left side well, and to safely drive the crosswalk to prevent the accident.

Nevertheless, the Defendant, while neglecting the front direction, found the victim C (at the age of 71) who was negligent in driving the road on the right side from the left side of the road driving direction of the said vehicle in violation of the pedestrian signal by neglecting the front direction, and found the victim C (at the age of 71) late later, and caused the victim to go beyond the road by taking the head and body of the victim's head on the front left side and back side of the said vehicle.

After all, the Defendant caused the death of the victim due to cerebral cerebral injury caused by cerebral cerebral cerebral injury, which was being treated by the hospital in Jinju-si on the same day at around 06:37 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A death certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition in view of the following: (a) the victim died due to the instant crime with the reason of sentencing under Article 62-2 of the Social Service Order Act; (b) the Defendant was the first offender and the reflector; (c) the victim was crossinged without permission; (d) the victim was covered by a comprehensive motor vehicle insurance; and (e) the victim deposited an amount equivalent to KRW 12 million for the bereaved family; and (e) the Defendant’s age, family environment

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