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(영문) 부산지방법원 2013.10.30 2013고단4799
교통사고처리특례법위반
Text

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

except that 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 is engaged in driving a multilateral car.

Around 16:20 on July 13, 2013, the Defendant driven the above van, which led to a side-road, without distinguishing the lanes from the end of the underground streets near the Sinpo-ro 93-ro, Geumpo-gu, Busan, to approximately 20 to 30 km in the speed of Sinpo-si.

There is no central line, and there was a duty of care to check whether a person engaged in driving on a side-road without a central line is driving on the opposite side and to check whether there is a person driving on the opposite side in order to reduce the speed, and to safely drive and prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim D (the age of 80) who gets a bicycle from the opposite direction due to the negligence of neglecting it and driving it in the front direction, and operated it to avoid it. However, the Defendant did not avoid it and was faced with the victim in front of the unity of the Defendant.

After all, the Defendant caused the death of the victim due to brain death at the F Hospital located in the Geum-gu, Busan, where the victim was under the treatment of after-sale at around 20:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act (no same kind of force, and agreement) of the suspended execution;

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