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(영문) 부산지방법원 동부지원 2014.11.05 2014고단1508

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a driver of the Crane car.

On June 1, 2014, at around 12:57, the Defendant moved the roads in front of T-Word located in the Yong-gu, Busan, Seo-gu, Busan, to the front of the 3rd-dong community service center located in the Gu.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the operation and steering gear well, and to prevent accidents.

Nevertheless, the Defendant neglected this and allowed the victim D (the age 22) who crosses the road from the right side of the direction to the left side of the course due to the negligence bypassing it, to use it as the front right side of the Defendant’s vehicle, and the breast part of the chest as it is, and caused the victim to suffer a serious injury of blood cerebral brain and quasi-cerebral brain death, which requires at least 32 weeks of intensive observation, and caused the victim’s death on August 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents (1) (2);

1. Application of statutes to a copy of a death certificate;

1. The reason for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act is that the defendant's right and the right and the right are not well considered, while the defendant's right and the right and the right and the right are not sufficiently considered in the process of entering the country bypassing the reason for sentencing.

The nature of the crime is heavy, such as the victim's death and the victim's bereaved family is not agreed with.

However, considering the circumstances, such as the fact that the defendant is against the defendant, the fact that the victim was negligent in crossing without permission, and the fact that the defendant has no specific criminal power, the punishment as ordered shall be determined.