beta
(영문) 부산지방법원 2016.11.02 2015고단8431

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty to drive Csch Rexroths.

On November 3, 2015, the defendant driving a cargo vehicle around 16:22 on November 3, 2015, which led to the flow from the second lane in front of the Green Name Elementary School located in Gangseo-gu Busan Metropolitan City, to the intersection of the East Metropolitan City.

The Defendant stops at a two-lane road on which the passage of people is frequent even after the completion of pedestrian signal. In particular, the Defendant failed to complete the crossing even after the completion of pedestrian signal, and inasmuch as it is difficult to secure the view of the front of the vehicle due to the restriction on the view angle of the driver’s seat on the front due to the relation between the driver’s seat being higher than that of ordinary vehicles, and thus it is difficult to secure the view of the front of the vehicle. In order to prevent the above danger due to the characteristics of the road and the vehicle, the driver of the Tex vehicle or the driver of the vehicle has installed a reflect, etc. to immediately see the front of the vehicle in order to prevent the foregoing danger according to the characteristics of the road and the vehicle. The driver of the vehicle has access to the front while the vehicle is stopped, if there is a person approaching the vehicle, the Defendant has exercised a duty of care to carefully examine whether he left the front of the vehicle, but has failed to properly cope with it, caused the damage to the front part of the vehicle and the cargo in front of the victim to the road.

Summary of Evidence

1. An interrogation protocol of the police against the accused;

1. Statement to E by the police;

1. A written statement;

1. A traffic accident report;

1. Request for cooperation (inspection of CCTV for crime prevention);

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

1. The relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents;