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(영문) 부산지방법원 2014.11.14 2014고단6913

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a NAS car.

On July 3, 2014, the Defendant driven the above vehicle on July 20:51, 201, and driven the three-lane road in front of the airport box located in the Busan Gangseo-gu Busan Gangseo-do Wol-do, at the speed of about 45 km along the three-lane distance from the port of Kimhae Airport.

At the time, there was a pedestrian crossing at the front time, and therefore, in such a case, there was a duty of care to safely drive a person engaged in driving a motor vehicle by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to the negligence of the Defendant’s vehicle’s negligence, and received C(60 years of age) a victim who walked on the right side from the left side of the Defendant vehicle to the right side.

Ultimately, around 02:15 on July 4, 2014, the Defendant caused the death of the victim due to the injury to the two parts at the emergency room of the East University Hospital located in the Dong-dong, Seo-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the degree of negligence and the point agreed with the bereaved family members of the victim);

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