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(영문) 창원지방법원 진주지원 2013.12.10 2013고단1079
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 a motor bicycle without registration 124cc GR125.

At around 00:40 on August 12, 2012, the Defendant driven a bicycle with a motor device device at the speed of Jinju, and turned down to the distance of 50K at a speed of about 50K along the two-lanes in the direction of Jinju, Han-si, one of the two-lanes in the direction of Jinju City.

At this point, since the housing is a concentrated area where pedestrians are frequent, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes of the motor vehicle and accurately manipulating the steering direction and brakes of the motor vehicle.

Nevertheless, the Defendant neglected to drive the bicycle on the front side of the bicycle, and caused the victim B (the 80-year-old) who crosses the road from the left side of the bicycle to the right side, with the negligence of driving the bicycle on the bicycle.

Ultimately, at around 18:45 on April 16, 2013, the Defendant caused the death of the said victim by negligence in the above occupational negligence by the D Hospital located in Jinju-si C due to the heart failure, closure, etc. of the said traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A death certificate, each medical certificate, opinion, copy of medical record, check on serious injury, and appraisal report;

1. Application of Acts and subordinate statutes on accident-related photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration such as the fact that the injured family does not want punishment);

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