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(영문) 부산지방법원 2015.04.08 2015고단210

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year 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 November 13, 2014, at around 05:45, the Defendant driven and proceeded with the freight vehicle from the apartment room of the New Generation Cown-gu apartment site with the road without a central line in the vicinity of the “Djuk” located in the Busan Seo-gu, Busan, to the surface of the “slunker”.

Since there is a narrow road where a house is concentrated, there is a person crossing a road at any time, a person engaged in driving business has a duty of care to safely operate the steering gear and the steering gear accurately.

Nevertheless, the Defendant neglected to do so and did not avoid the victim E (the age of 84) who was standing on the left-hand side of the defendant's right-hand side, and did not take the victim E (the age of 84) who was standing on the left-hand side of the defendant's course, and shocked the part of the victim's body part as it is, and caused the victim's death to the cerebral he was receiving treatment at the Gan University Gan University, Busan, Seocheon-ro, Seocheon-ro, Busan, which was located.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A written statement of the occurrence of traffic accidents by defendants;

1. Application of Acts and subordinate statutes to the report on traffic accidents, the actual condition survey report, the site and photograph of vehicles, the occurrence of traffic accidents, and the death diagnosis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing (Determination of a type), general traffic accidents, Type 2 (Death of Traffic Accidents), mitigation area (special-sponsor), penalty and non-taxation area (Scope of punishment and sentence for recommendations), from April to October;

2. Determination of sentence: To be punished by imprisonment without prison labor for six months, or for one year of suspended execution as a result of gross negligence of the defendant's death.