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(영문) 부산지방법원 2014.11.21 2014고단7017

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

On June 15, 2014, at around 00:08, the Defendant driven a B M& car, and got 3 km points in the second line of the South Sea Highway in the air conditioners located in the air conditioners located in the area of the air conditioners and located in the area of the air conditioners.

At night, the above road was at night and the above road had a large portion of the valleyd section during construction, so in such a case, the driver of the motor vehicle had a duty of care to properly see the front and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle and to prevent the accident from occurring due to the accurate operation of

Nevertheless, while the Defendant neglected this and did not accurately operate the steering direction and brakes, the Defendant obtained a protective wall installed on the right side of the running direction of the Defendant’s vehicle by occupational negligence, and caused the victim C (Nam, 36 years of age) who was on the top of the vehicle to die at the site of multiple prolonged damage.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the actual condition survey report and body autopsy report;

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. Selection of imprisonment without prison labor in consideration of the degree of negligence of the defendant and the death of a victim;

1. Article 62 (1) of the Criminal Act on suspended execution (Article 62 (1) of the Criminal Act (see, e.g., agreement with bereaved family members;

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