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(영문) 부산지방법원 2014.07.18 2014고단2550

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

On January 8, 2014, the Defendant driven the above car at around 17:30, and, at the same time, he proceeded with the road of the jun-dong in Busan Dong-gu with the jun-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Since there is a place where the central separation cost is installed, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle in order to protect the vehicle.

Nevertheless, the Defendant neglected this and proceeded as it was due to the negligence of the Defendant’s failure beyond the central separation zone, and the front part of the victim D(28 years old) driving, which was proceeding one lane from the opposite direction, was shocked by the front part of the victim D(28 years old) driving.

Accordingly, the Defendant caused the victim's death by his occupational negligence immediately after the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of site photographs of an accident, suspect's statement, etc.), written autopsy of a corpse;

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. The victim, who did not have any error due to the full negligence of the Defendant, of the selective type of imprisonment without prison labor, was dead.

However, in consideration of the fact that it was committed in order to mislead the bereaved family's mind, and there is no criminal power to particularly consider, the term of punishment was set as above.