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(영문) 부산지방법원 동부지원 2014.04.30 2014고단422

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

On January 11, 2014, at around 05:35, the Defendant was a person who is engaged in driving of B-si, and the Defendant was driving the 2-lane in front of the Busan Southern-gu Busan-do Busan-dong along a one-lane from the U.S. intersection to the Busan-do-si.

At the time, it is night and its limit is 60 km, so in this case, there was a duty of care to prevent accidents by complying with the restricted speed, properly seeing the right and the right of the driver, operating the steering system and the steering system accurately.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 21 km at every hour, and brought the victim C (V, 64 years old) who was crossing the right from the left side of the vehicle driving direction to the right side of the vehicle into the front part of the vehicle of the Defendant, and got the victim above the ground floor.

Ultimately, at around 06:42 of the same day on the same day, the Defendant caused the death of the victim due to the diversification of body system, etc. at the emergency room of the Kancheon-gu Busan Metropolitan City Hospital.

Summary of Evidence

1. Defendant's legal statement;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment against the defendant, taking into account the following factors: (a) the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act was committed by the defendant while driving a motor vehicle on duty and causing the death of the victim; and (b) the

However, the defendant has a depth of his mistake, the defendant deposited some money for the bereaved family members of the victim, the victim has a negligence of crossing the road without permission at the time of the accident in this case, and the defendant was about 26 years prior to the accident in this case.