beta
(영문) 부산지방법원 2014.10.24 2014고단7535

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a person who is engaged in driving a KS7 car.

On August 1, 2014, the Defendant driven the said car at around 02:35, and driven the road of about 70 km in front of the dong Hospital in Busan East-gu, Busan, with one lane from the intersection to the intersection.

At the time, there was a duty of care to prevent accidents in advance by driving safely by checking the front door well in a person engaged in driving of a motor vehicle at night.

Nevertheless, the defendant neglected this and found the victim C (the age of 23) who was crossing the road from the right side of the front bank to the left side by his negligence while driving the front bank without properly examining the front bank. However, the defendant did not avoid it and did not get the front part of the above vehicle and got the victim to go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence, such as a multi-pact long-term corrosion at the Busan National University Emergency Patients' Office, which was located in the Seo-gu Busan National University, Seo-gu, Busan National University at around 00:05 on September 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to death certificates and actual survey certificates;

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. Selection of imprisonment without prison labor, considering the fact that the punishment is an alternative death accident;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the degree of negligence and the point agreed with the victim's bereaved family members);