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부산지방법원 2014.05.02 2014고단1128

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a person who is engaged in driving of B Poter cargo vehicles.

On January 8, 2014, the Defendant driven the above cargo vehicle at around 00:20, and driven the front road of the port and fire station located in the Dong-dong in Busan, Busan, along the speed of about 70 kilometers from the 4th to the 5th side of the 5th parallel. Since there is a crosswalk where signal, etc. is installed at that time, the Defendant was negligent in neglecting the duty of care to safely drive the vehicle, disregarding the change of the vehicle signal to the stop signal while neglecting the duty of care to safely drive the vehicle according to the new subparagraph, and thereby causing the death of the victim C (age 61) who dried the crosswalk in front of the left side of the above cargo vehicle, due to the shock damage of the victim two parts, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports and written statements of autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (the first offender, the person in negligence, and the agreement) of the suspended execution;

1. Social service order under Article 62-2 of the Criminal Act;