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(영문) 부산지방법원 2014.01.08 2013고단6281
교통사고처리특례법위반
Text

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

However, 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 engaged in driving a cargo vehicle of C9.5 tons.

On June 25, 2013, the Defendant driven the above cargo vehicle at around 11:10, and led to two lanes along the two-lanes of the two-lane road in front of the Yeong-gu Park Burialwon, Jin-gu, Changwon-gu, Jinnam-do.

At all times, cleaning vehicles and the parts of the cleaning vehicles are engaged in cleaning the road side on the right side of the front side of the road, so there was a duty of care to reduce the speed to those engaged in driving of the motor vehicle and carefully manipulate the steering gear to prevent accidents in advance.

Nevertheless, the Defendant neglected to perform the duty of care and neglected to perform the duty of care and neglected to perform the duty of care at the right side of the direction of the course, and received the behind portion of the said cargo vehicle.

In the end, the Defendant caused the death of the victim E (the 52-year old) who was cleaning at the front of the surface cleaning car due to the long-term damage caused by the duplication of cage at the left at the left place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Investigation report (the telephone conversation of a shote);

1. A traffic accident report;

1. Application of Acts and subordinate statutes on a written autopsy;

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 (Consideration to the agreement with the bereaved family members of the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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