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(영문) 부산지방법원 동부지원 2016.09.21 2016고단951
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On May 24, 2016, the Defendant is a person who is engaged in driving of BSP car. On May 22:15, 2016, the Defendant driven the above car, driving the apartment crosswalk in the south-gu Busan, and driving it at a speed of about 33 km per hour, depending on the four-lanes from the Meart apartment to the intersection of the country.

Since there is a place where signal lights and crosswalks are installed, the driver of the motor vehicle had a duty of care to check whether there is a person who gets on the way to drive the motor vehicle, and to check whether there is a person who gets on the front side and the right side well and to drive the motor vehicle safely according to the new code.

Nevertheless, the Defendant neglected to do so and did not take account of the vehicle stop signal while driving the vehicle, and due to the negligence of driving the vehicle as it is, the Defendant, at the right right side of the vehicle, got the victim C (the age of 68) crossing the crosswalk pursuant to the pedestrian signals from the Defendant’s driving vehicle to the left side of the vehicle.

Ultimately, around 10:55 on May 28, 2016, the Defendant caused the death of the victim due to the above occupational negligence by blood transfusion from a hospital affiliated with Busan National University.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to traffic accident reports (1.2) a fact-finding report, an accident site photo, a black CD, and a death diagnosis report;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is an unfavorable circumstance where the crime of this case resulted in the death of a pedestrian who has dried the crosswalk in violation of the signal, and the nature of the crime is bad, the victim’s bereaved family members are deemed to have suffered great pain, and the defendant did not reach an agreement with the victim’s bereaved family

(b).

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