beta
(영문) 부산지방법원 2015.06.17 2015고단1529

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driving a Cren car.

On October 14, 2014, the Defendant driven the above car on October 14, 2016:20, and driven the two-lane road in front of the main apartment complex located in the Busan Young-do, Busan Metropolitan City, along the main three-lane road from the upper school direction to the main three-lane road from the upper school direction.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the defendant's negligence that neglected this and proceeded with the victim D(W, 60 years old) who was in the crosswalk at the time, was shocked by the front part of the car operated by the defendant.

Ultimately, at around 09:555 on the same day, the Defendant caused the death of the victim due to an acute fluoral transfusion while receiving treatment from a high-level hospital located in Seocheon-ro 262, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. The defendant, F, and E statements;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident initial action report, vehicle whistle, accident vehicle, photographic image, accident-related photo, results of the analysis of traffic accidents, investigation report, death diagnosis report, body autopsy report, autopsy report, autopsy report, and corpse autopsy report;

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. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing (Determination of type): General traffic accidents, Type 2 (Death of Traffic Accidents), basic area (the scope of a sentence of recommendation) (the scope of a sentence of punishment by recommendation) (the scope of a sentence of punishment by recommendation), month from August to June;

2. Sentence;