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(영문) 부산지방법원 2014.05.16 2013고단9109

교통사고처리특례법위반

Text

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 of C-III cargo vehicles.

On February 5, 2013, at around 09:15, the Defendant, at the same time, proceeded to the decline from the apartment on which a warning is to be given to the front of the 24-top road in the Dong-gu, Busan.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether there is a person who will collapse in the way to reduce the speed and to check the right and the right and the right of the driver, and to drive safely.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the crosswalk and received the victim D (the age of 59) who crosses to the right side of the crosswalk as the front part of the above-wing vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvine in need of medical treatment for about 11 weeks due to the above occupational negligence, and both artificial insemination salvines.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of imprisonment without prison labor in consideration of the degree of negligence of defendants and the degree of damage inflicted by victims;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., comprehensive insurance coverage, and considering the fact that there is no criminal record