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(영문) 부산지방법원 서부지원 2018.09.19 2018고단1092

교통사고처리특례법위반(치사)

Text

Defendant

A shall be punished by imprisonment without prison labor for ten months, and by imprisonment without prison labor for eight months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a F B-L car, Defendant B is a person who is engaged in driving a G D-L car.

1. On February 2, 2018, Defendant A driven a car for the use of the above Sodol on the part of the 05:55 on February 2, 2018, Defendant A, a two-lane of the 3-lane distance in the Busan Northern-dong, Seopo-gu, Busan, was under the process of driving the two-lane of the two-lane of the 3-lane distance to the passenger room in the Gupo-do.

In this case, there is a duty of care to check whether a person engaged in driving a motor vehicle has a way to reduce speed and to see well the left and right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to do so and found the victim H (66 years) of the road, which was cut to the right side from the left side of the road, due to the negligence of disregarding and proceeding with the red stop signal, and caused the above victim to go over the ground by having the above victim go to the ground. The Defendant, who followed the Defendant, was driving by the Defendant B, to go to the right side of the vehicle of Gra, which was driven by the Defendant B, on the same day at around 07:20, Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan.

2. Defendant B, at the same place as around February 2, 2018, at around 05:55, Defendant B driven the said L-related car at the same time as paragraph (1) on February 2, 2018, while driving the two-lanes of the three-lane distance in the old west Zone, Defendant B driven the two-lanes of the two-lanes from the old west Zone to the passengers’ room.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to reduce the speed for a person engaged in driving of a motor vehicle and to check whether there is a person driving the motor vehicle, even if it is not a pedestrian signal, and to safely drive the motor vehicle by checking the traffic situation of the front side in order to prevent accidents in advance.

Nevertheless, there is a need to do so.