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(영문) 부산지방법원 2014.01.15 2013고단7271

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for not less than five 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 a C Poter cargo vehicle.

On September 17, 2013, the Defendant driven the above cargo vehicle on September 11, 2013, and had the front road of the "Yinjin-dong, Busan" was proceeding on the side of the new wall market.

The location is a large place for pedestrians crossing the road, and those engaged in driving of motor vehicles have a duty of care to prevent accidents in advance by reducing speed and thoroughing the situation of fronting.

Nevertheless, the Defendant neglected to do so and did not properly look at the front, and caused the victim D (Woo, 75 years old) who illegally crosss the above road to use it on the road as the front part of the cargo vehicle.

Ultimately, around 07:45 on September 18, 2013, the Defendant caused the victim to die from salutism in the emergency room of the F Hospital located in Seo-gu Busan, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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 on the stay of execution (or details and agreement on the occurrence of accidents);