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(영문) 부산지방법원 2014.09.15 2014고단5624
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a village bus No. 3 affiliated with B (State).

On March 23, 2014, the Defendant driven the above vehicle on March 22:25, 2014, and proceeded three lanes of the four lanes in front of the KB National Bank in Jung-gu, Busan, the repair of which was 15, using the said vehicle as a gravel signal screen.

At the time, there is a night and a pedestrian crossing installed, so even if a person engaged in driving a motor vehicle proceeds according to the vehicle driving signal, he/she has a duty of care to prevent accidents in advance by safely driving the front and rear left by checking well.

Nevertheless, the Defendant neglected this and neglected to live well in the front of the above vehicle and received the head of the victim D (the age of 62) who was crossing without permission on the crosswalk from the front part of the above vehicle.

Accordingly, the Defendant suffered from a serious injury on the part of the victim D due to the above occupational negligence, such as an acute trauma disorder requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site survey reports, photographs, reports on traffic accidents, site photographs, and screen pictures to cover a black fluor;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Although the degree of damage to the victim for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is serious, the negligence of the victim, who illegally crossed the accident of this case, seems to have affected the occurrence of the accident of this case, the defendant agreed with the children of the victim, the bus of this case is affiliated with the bus mutual aid association, and the defendant is the primary offender, etc., shall be determined as ordered by the order, taking

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