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(영문) 부산지방법원 동부지원 2020.06.11 2020고단150

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three 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 of B 2 cargo vehicles.

On November 10, 2019, the defendant driving the above cargo vehicle around 08:00 and proceeded to turn to the left at the direction of the front intersection from C to the front intersection of the Busan-gu. Busan-gu.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering wheel, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant neglected to turn to the left without neglecting it and crosses the crosswalk on the right side of the direction of the proceeding with the right side of the crosswalk.

The victim D (75 years old) who continued to cross the road even after the signal was changed by pedestrian red signal was not found, and the victim was committed in front of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to two parts.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and a statement of the occurrence of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's responsibility for the crime of this case committed the crime of this case, which resulted in death by shocking the victim who left the road at a left time without reducing the speed without neglecting the speed of the defendant's negligence.

However, the defendant is divided by mistake, and the investigative agency is the bereaved family member and the bereaved family member of the victim.