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(영문) 부산지방법원 2014.09.19 2014고단5346

교통사고처리특례법위반

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

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

The defendant is a person who is engaged in driving a concrete mixture truck.

On May 24, 2014, the Defendant driven the above truck on May 17, 2017:0, and proceeded at the side road of the Amphalk construction site located in the Amphal-dong-dong-gu Busan Metropolitan City.

Since there is a place to stop down, and there is a frequent pedestrian who works at a construction site, the driver of the motor vehicle has a duty of care to reduce the speed and to check whether there is a pedestrian by well examining the right and the right and the right of the driver of the motor vehicle, and to accurately manipulate the brake and the direction so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (the age of 52) who was walking before the Defendant’s proceeding direction late, and operated the hand to the right side in order to avoid this, but did not avoid it, and received the victim as the front part of the truck.

Ultimately, the Defendant caused the victim's death from the above occupational negligence, i.e., damage to the diversity, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor in consideration of the degree of negligence of the defendant and the death of the victim;

1. Article 62 (1) of the Criminal Act (the fact that there is no criminal history that can be specially considered and that there is an agreement with the victim's bereaved family members);

1. Social service order under Article 62-2 of the Criminal Act;