(영문) 춘천지방법원 강릉지원 2013.04.04 2013고단21

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2013.04.04 2013고단21

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 DM5 car.

On December 5, 2012, 04:52, the Defendant driven the said car, leading to a two-lane road in front of the GS East Sea Port Oil Station in the Dong-dong in the East Sea at the time of the East Sea, leading to a two-lane road in front of the Dong-dong. The Defendant continued to drive the said car at a speed of about 60km per hour, depending on the two-lanes.

At the time of night, there was a crosswalk in which signal lights are installed at the front of the night, and thus, the person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 66) who illegally crossed from the right side of the defendant's running direction to the left side, and did not get the victim E (the age of 66) to go beyond the ground.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence to the head and chest on the job.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes concerning autopsys;

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. It shall be decided as ordered by the court on the grounds of not less than Article 62 (1) of the Criminal Act (including the fact that there is a substantial negligence on the occurrence of a traffic accident to the victim, the fact that relief measures have been actively taken after an accident, the fact that comprehensive motor vehicle insurance has been subscribed to and agreed smoothly with

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

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