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(영문) 부산지방법원 2015.12.22 2015고단5687

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the E Cost Star.

On September 4, 2015, the Defendant driven the above vehicle on September 4, 2014:45, and driven the four-lane road in front of the annual control point of the Busan Bank, which is located in the Soksan-dong, Busan, with a speed of about 60km from the viewing to the intersection.

At the time, there was a crosswalk in which signal lights are installed at night and at the front of the night, so there was a duty of care to safely drive the motor vehicle in accordance with the new subparagraph after checking whether there was a person driving the motor vehicle, by reducing the speed and checking well the right and the right of the road.

Nevertheless, the Defendant neglected this and failed to proceed with a stop signal while the front line was changed to the stop signal, and the Defendant got the victim F(32 years of age) who opened the way to the right side on the left side of the crosswalk using the crosswalk pursuant to the pedestrian signals, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., the injury from the two parts.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. A traffic accident report;

1. A report on investigation (a photograph of the victim's corpse and a written autopsy shall be attached);

1. Application of Acts and subordinate statutes to a report on internal investigation (a statement of a shote and a scambling to the scambling) and to a photograph of a witness scambling;

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. In the case where the reason for sentencing of selective sentencing of imprisonment without prison labor [the range of recommending punishment] general traffic accident area (one to three years), the aggravated area (one to three years) of the second category of traffic accident (the specially under), the illegality of the proviso of Article 3(2) of the Special School Act (the decision of sentencing] is serious (the decision of sentencing] the defendant violated the signal and caused the death of the victim by shocking the victim of the crosswalk on the pedestrian signals. The defendant's gross negligence is 32 years old.