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(영문) 수원지방법원 2013.12.18 2013고단5857
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the business of driving Eone Star or Emcom.

On September 3, 2013, the Defendant driven the above van on the 16:00 on September 3, 2013, and moved off the three-lane road from the fungcheon-dong, Seocheon-dong to the direction of the district heating works on the waterside, and then, the Defendant turned off the crosswalks on the two-lane road to the opposite line.

Since a crosswalk is installed and the U.S. is not permitted, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the front left, and to safely operate the motor vehicle.

Nevertheless, the defendant neglected this and did not discover that the victim C (the age of 72) crosses the crosswalk from the left-hand side to the right-hand side, and caused the victim to go beyond the victim due to the negligence of driving the crosswalk on the front side of the above passenger car.

Ultimately, around September 17, 2013, the Defendant caused the victim to die due to brain paralysis in the E hospital located in Suwon-gu, Suwon-si, Suwon-si, by occupational negligence, at around 17:00.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflector, the fact that the victim has agreed with his/her bereaved family members);

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