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(영문) 부산지방법원 2014.09.19 2014고단3045

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM7 car.

On December 25, 2013, the Defendant driven the above car on December 25, 2013, and driven the two-lane road in Busan Metropolitan Government Do D from the direction of the Busan National Fire Headquarters to about 76.22 km each hour at the city, depending on the one-lane road from the direction of the Busan National Fire Headquarters.

At night, the speed of the road at night was 50km per hour, and in this case, there was a crosssection in the front direction of the defendant's proceeding, there was a duty of care to keep the restricted speed to those engaged in driving of the motor vehicle, to look well at the front direction, and to prevent the accident by driving the motor vehicle in advance.

Nevertheless, the defendant neglected this and found the victim F (E. 73 years old) who crosses the road to the right side from the left side of the running direction of the defendant due to the negligence of exceeding the speed limit as above and not living well, and operated the steering gear rapidly to the right side, but did not avoid the operation of the steering gear, and did not go beyond the floor by the victim's front part of the driver's car.

Ultimately, around December 25, 2013, around 06:52 on December 25, 2013, the Defendant caused the death of the victim due to the damage of the two parts and chests during treatment in the emergency room of the shipping-type hospital located in the Busan metropolitan traffic Daegu Zone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on internal investigation (limited to image data on accident vehicles booms), a comprehensive traffic accident analysis report, and a body inspection report;

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. Although the victim was at fault, the defendant's negligence, who committed an excessive driving, is also very serious.

Due to the erroneous driving habits of the defendant, the victim died and the defendant was subscribed to liability insurance, but it did not reach an agreement with the bereaved family members.