beta
(영문) 부산지방법원 동부지원 2015.11.04 2015고단1399

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C-si for business purpose owned by the Daeungung Industry.

On July 6, 2015, the Defendant driven the above taxi around 00:10, and led the two-lanes of the two-lanes in front of the bus bus stops located in Busan, Daegu, Daegu, to proceed at the speed of 102 km each hour, depending on the two-lanes in front of the bus stops located in the tin bank.

At the time, there is a duty of care to prevent accidents in advance by operating the steering gear and brakes accurately by complying with the speed limit and operating the steering gear and brakes, as it is a road at night and at a speed of 60 km per hour.

Nevertheless, the Defendant neglected this and failed to take care of the speed exceeding 42 km, and did not regard the victim D(64) who crosses the right from the left side of the road to the right side of the road, and received the front side of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational injury caused by the head and the damage to the neck of the victim.

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 concerning autopsys;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is conflict with the victim and the fact that the victim has agreed with his bereaved family members);

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