beta
(영문) 부산지방법원 2015.07.21 2015고단1678

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 C-cab.

On January 20, 2015, the Defendant driving the above vehicle at around 02:25, and driving the vehicle at around 70 km in the direction of speed from the alternate side to the lower end of the five-lane in front of the “E” located in the Busan Coast Zone D.

Since there is a crosswalk where a signal, etc. is installed, the person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right of the person, and to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and failed to find out the victim G (ma, 57 years old) who was crossing a crosswalk in accordance with the pedestrian signals by negligence, while driving the vehicle in the state of a stop signal, and without finding out the victim G (ma, 57 years old), and received the front part of the driver's vehicle.

Ultimately, the Defendant suffered from the victim’s fluoral theory on the left-hand side, which requires approximately 14 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. A medical certificate;

1. Reports on traffic accidents, actual condition survey reports, and photographs of accident site;

1. Application of Acts and subordinate statutes to investigation reports (the statement made by a driver of the Laoba and a witness, traffic control devices at the point of accident, traffic control devices at the point of accident, and medical certificates related to the visit, investigation, and degree of injury);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., reflectment of the defendant, agreement with the victim, and joining a mutual aid association) [Determination of types] of general traffic accidents in the category 1 (Death by Traffic Accidents): Reduction element: Reduction element (including efforts to recover damage): Decision on the recommended area] Reduction element [Determination on the recommended area] Reduction Region / [Limits on the recommendation area] 1 month to 6 months [general person].