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(영문) 부산지방법원 2017.04.21 2017고단1139

교통사고처리특례법위반(치사)

Text

Defendant

A A shall be punished by a fine of 2,500,000 won for six months of his/her imprisonment without labor.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the driving of the Crane car, and the defendant B is a person who is engaged in the driving of the D high-priced car, respectively.

Defendant

A, around 00:25 on September 25, 2016, driving a 00:0 :00 :25, and driving a fcellf motor vehicle in the vicinity of the Fcellf oil station in Busan Seo-gu, the road near the crosswalk was driven at the speed of 86.2 km each hour at the 86.2 km away from the side of the Busan veterans hospital in the direction of Busan.

At the time, it was difficult to secure the view because the street, etc. installed near the above road at night and it was difficult to secure the view, and there is a road at a speed of 60 km per hour, so a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit and to prevent the accident in advance by driving the motor vehicle safely by safe driving through a safe manner.

Nevertheless, Defendant A neglected this and went beyond the speed of 26.2 km above the speed of 26.2 km. Defendant A discovered fcellf oil station on the side of the above crosswalk without permission from the Hanjindoh where it was not a pedestrian signal but a pedestrian signal. Defendant A was able to immediately drive the victim G (n.e., 83 years of age) but failed to avoid it, and had the victim’s right-hand bridge part on the left side of the Defendant’s vehicle go beyond the road.

Defendant

B driving a low-speed car above the above speed on the day, and driving a road near the crosswalk in front of the above Fcellp oil station at a speed of about 60 km per hour depending on the three-lanes.

At the time, it was difficult to secure the view because street lights installed near the road at night, and it was difficult to secure the view. Therefore, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive the front left and right well and prevent the accident in advance.

Nevertheless, the defendant is negligent in neglecting this and driving by the defendant A as above.