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(영문) 부산지방법원 동부지원 2013.07.24 2013고단1751
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That the above sentence shall be executed 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 of a CScar Track freight vehicle.

On April 2, 2013, the Defendant driven the above vehicle on April 16:56, 2013, and led the front way of the Masan Elementary School located in the Southern-gu Busan to proceed in the direction of the Seodaemun-dong from the direction of the New apartment ginseng.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected that, while driving the vehicle stop signal while disregarding the vehicle stop signal, the Defendant did not discover the victim D(73 years old) who cross the crosswalk to the port from the right side of the crosswalk pursuant to the pedestrian signals and did not get the victim to go beyond the ground, and got the victim to go beyond the ground.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to the head, face, and body part caused by the calendar in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. The application of Acts and subordinate statutes concerning photographs, photographs of bodies, photographs of corpsess, and written results of autopsy around the place where the accident occurred;

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. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) has been agreed with the victim, vehicles operated by the defendant are subscribed to the mutual aid association, and considering

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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