beta
(영문) 부산지방법원 2013.10.30 2013고단4777

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

On July 7, 2013, at least 20:27, the Defendant, at least 100km in the direction of the luxa City from the direction of the luxa City, Gangseo-gu, Busan, about the fourth line road in front of the luxa City, Gangseo-gu, 598.

At the time, the point of accident is night, and the crosswalk is located near the crosswalk, and the speed limit is 70 km speed per hour, the driver of the motor vehicle has a duty of care to observe the speed limit for those engaged in driving the motor vehicle, to live well before and after the direction, to accurately operate the brake, and to prevent the accident by operating the brake accurately.

Nevertheless, the Defendant neglected this and failed to avoid the victim C (63 years of age) who crosses the road to the right side from the left side of the vehicle driving direction of the Defendant by driving the said vehicle and driving the restricted speed exceeding about 30 km, and did not escape the road to the right side of the vehicle driving direction of the Defendant, and shocked the said victim to the right side of the said vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the diversity of the bones, hair, body organs, etc. of the victim in his job.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written appraisal;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (the initial crime and the agreement) of the suspended execution;

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