beta
(영문) 부산지방법원 동부지원 2015.04.16 2015고단97

교통사고처리특례법위반

Text

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

except that 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 service of B 125cc.

Around 19:50 on December 7, 2014, the Defendant driven the above Oralba, which led to approximately 50-60 km in the direction of the Seoul Mata Hospital, along with one lane in the direction of the Hanlue apartment in the Hanlue apartment in the direction of the Busan Shipping Daegu, Busan.

At the same time, there is a crosswalk where signal lights are installed, so in such a case, the defendant engaged in driving service has a duty of care to prevent accidents in advance by checking the signal well by checking whether there is a pedestrian who walked the crosswalk.

Nevertheless, the Defendant neglected this and proceeded with a stop signal while the signal was changed to the stop signal. On the other hand, the Defendant reported the pedestrian signal, and found it late to find the victim D (the 78-year old age), which was cut to the left from the right side of the direction of the Defendant’s running, did not avoid it, and had the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to low-tension shocks from the marine transportation hospital located in 875, as Busan, the Busan, the Busan, the Busan, the Shipping Daegu, which was under the treatment of the follow-up on December 7, 2014 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A report on internal investigation (a CCTV verification for parking control at the scene of an accident and attaching CDs);

1. Application of Acts and subordinate statutes of death certificate (D);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. As follows, the reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below) is as follows: the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to the instant crime, and circumstances before and after the instant crime, etc., as stated in Article 51 of the Criminal Act.