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(영문) 부산지방법원 동부지원 2018.01.31 2017고단2554
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of 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 CK7 cars.

On November 14, 2017, the Defendant driven the above car at a speed of 01:15, and driven the two-lane road of the 372-lane from the training course of the Suwon-gu, Busan, with the speed of 01:00 to the intersection from the intersection of the network.

Since there is an intersection with a crosswalk, there was a duty of care to check whether a person engaged in driving of a motor vehicle passes the intersection immediately before passing the intersection, such as checking whether he/she is a pedestrian or not, and if finding a pedestrian, he/she has a duty of care to accurately manipulate the brake system and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim to use the right bridge of the victim D (75 tax) where the victim D (75) where the victim she was to cross the above intersection to the right side from the left side of the defendant's course due to negligence.

Ultimately, the Defendant caused the victim to die due to an excessive blood transfusion from the Busan Shipping Daegu Shipping Hospital, 875, which was under the treatment of transmission after around November 14, 2017, the Defendant caused the victim to die due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to an accident site photograph and death certificate;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));

1. An order to attend a course under Article 62-2 of the Criminal Act;

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