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(영문) 부산지방법원 서부지원 2020.01.30 2019고단279

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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

When finding a guilty of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury), which is the primary charge, a separate decision is made on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant is a person engaged in driving a B-to-pur vehicle.

On October 23, 2018, the Defendant driven the above car at around 14:01, and driven the two lanes of the three-lanes in front of the D in Busan Northern-gu C, Busan, with the two-lanes from the direction of the intersection.

Since there is a crosswalk where a signal, etc. is installed, in such cases, the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the way to keep the traffic signal for the driver of the motor vehicle and to check the front door well and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded with the fact that the signal is changed to the stop signal, and the Defendant was negligent in crossing the crosswalk from the right side of the crosswalk to the left side according to the pedestrian signals, and received the victim E (the age of 40) who was crossing the crosswalk from the right side of the above Aburged car.

Ultimately, the Defendant suffered from a serious injury, such as the closure of the mouth and bones, due to the above occupational negligence, resulting in the death of the victim due to the pulmonary disorder of multiple organs around October 17, 2019, while the victim was hospitalized at a Busan University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report (on the actual condition survey report), an accident site photograph, each medical statement (whether or not), an investigation report (related to a serious injury), and an internal investigation report (related to a medical opinion);

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;

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

1. The scope of punishment by law: