beta
(영문) 부산지방법원 동부지원 2013.11.27 2013고단2849

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the operation of the C Launa car.

At around 05:00 on September 18, 2013, the Defendant continued to proceed from the tin to the plane captain a three-distance intersection in front of the Haung-gu Busan Metropolitan City Return-gu, Haak-dong.

Since the location signal, etc. is installed, in such cases, the defendant engaged in driving service has a duty of care to reduce speed and to protect pedestrians who drive the crosswalk in accordance with the new subparagraph by towing the front door.

Nevertheless, the Defendant neglected this and caused the victim D (7 years old) who crosses the crosswalk from the left side to the right side by neglecting the signal, and received the victim D (7 years old) as the front part of the said car.

Accordingly, the Defendant caused the victim's death by occupational negligence due to the injury to the part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant first made an agreement with the injured party);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;