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(영문) 창원지방법원 2013.10.02 2013고단1939
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the driver of a booming motor vehicle.

On February 18, 2013, the defendant parked the above cargo at the edge of the road opposite to the Saun Steel located in Jaju-Eup, Jagu, Jari, Jari-si.

At all times, there was a duty of care to take safety measures such as installing safety signs or turning on lights, sidelights, etc. in the night because it was difficult to identify the parked vehicle due to the absence of street lights in the vicinity.

Nevertheless, the Defendant neglected to take any measure and parked near the road and parked in the zone where parking and stopping is prohibited by the occupational negligence, which occurred on April 14, 2013, and obstructed the progress of the off-to-land without the victim E driver’s license plate, which took place near the road on April 14, 2013, which took place from the area where the victim E driver’s license plate was obstructed, and caused the victim to die due to two parts of the front right part of the off-to-face of the cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A traffic accident occurrence report and an accident actual condition investigation report;

1. Application of Acts and subordinate statutes concerning autopsys;

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da14488, Apr. 2, 2006); 206Da1248, Jan. 2, 2

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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