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(영문) 부산지방법원 2015.09.22 2015고단3510

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 driving of C Freight.

On November 21, 2014, the Defendant driven the above cargo vehicle on November 21, 2017:18, and tried to go back from the front workplace located in Gangseo-gu Busan Metropolitan Government D, and to go together with the back road located there.

Since there are many people in the vicinity and there are a side road, in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system according to the traffic condition in the location of the location.

Nevertheless, the Defendant neglected this and followed the victim F (the age 91) who was towing and walking the said cargo behind the cargo due to the negligence of the Defendant, which led the victim to the back of the cargo vehicle, and used the victim as the back of the cargo vehicle, and led the victim to the back wheels.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the victim’s scarcity at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. A medical certificate, a written result of autopsy, and a written result of autopsy;

1. ct v visual images to take and toramps, rolling stock photographs;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on suspended execution (including the agreement with bereaved family members of the victim and the old age of the defendant);