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(영문) 부산지방법원 2018.05.17 2017고단6159

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of a cargo vehicle.

On October 21, 2017, the Defendant driven the above vehicle at around 18:46 on October 21, 2017, and led to the passing of one lane between the four-lanes in front of the D Building in Busan, Busan, to the intersection in writing from the duct intersection.

In such cases, even though the driver has a duty of care to prevent accidents by accurately operating the steering and steering gear well, he/she is negligent in his/her operation, and the defendant does not see the victim E (57 years old) who led the finger in the front section of the defendant's vehicle and without permission, and the victim was driving on a one-lane in the front section of the defendant's vehicle due to his/her shock.

The following road floor fell away from the front part of the GG bus in the F operation.

Ultimately, the Defendant had the victim receive treatment at the emergency room of an open-gu hospital due to occupational negligence as above, and caused the death of the victim due to the long-term damage on October 22, 2017 at around 00:32.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A medical certificate of death, a response to a request for appraisal, and a written appraisal of autopsy;

1. A motor vehicle accident report (on-site investigation report), a statement of traffic accident occurrence, a vehicle photograph and internal investigation report (on-site investigation, etc.), each motor vehicle boom fluor photograph, photograph photograph-fluor photograph-fluor photograph of CCTV images for crime prevention, investigation report (production of black fluor video CD), investigation report (investigation into the course of victim moving), Defendant and defense counsel’s assertion

There is no evidence to see at the time of the accident, and on the road at the time of the accident, as the majority of the two-way vehicles are continuously in progress, the ordinary driver is a driver, who is a driver at the center of the road, to cross or cross the road without permission.