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(영문) 부산지방법원 동부지원 2016.01.20 2015고단1737

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 a period of 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 cars of math-free cargo B.

On September 21, 2015, the Defendant driven the above cargo vehicle around 04:40, and got the front of D, located in Suwon-gu, Busan, to proceed about about 20km in the direction of a waterside park from the direction of a waterside beach in the direction of a waterside park.

At the time, there was a new wall before sunrise and there was a cross-section where signal lights are installed. In such a case, there was a duty of care to prevent accidents, such as seeing the front door and accurately manipulating the steering and brake system according to the new code.

Nevertheless, the Defendant neglected to do so and did not discover the bicycles of the victim E (77 tax) who entered the above intersection in the direction of the fishermen's active fish center in accordance with the new subparagraph due to negligence in the course of business entering the intersection, even though the signal of the moving direction was red, and did not find out the bicycles of the victim E (773) who entered the above intersection in the direction of the fishermen's active fish center, and got the victim as the front part of the above cargo vehicle and got the victim go to the ground. The victim caused the shock by the shock, around 07:39 of the same day, from the Busan University Hospital located in Seo-gu, Seo-gu, Busan Metropolitan City on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 2

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