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(영문) 부산지방법원 2014.03.19 2013고단8958
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 1 ton cargo vehicle B.

On November 14, 2013, the Defendant driven the above cargo vehicle on November 21:48, 2013, and continued the road in front of the office of thought and injury in Busan Metropolitan City Clock Law, toward the direction of the reduction subway station on the side of the suburban bus terminal.

At the time, it was difficult to secure the vision at night, and thus, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and thoroughly and prevent the accident from occurring in advance.

Nevertheless, the defendant neglected this and had a victim C (year 71) crossing the above road due to the negligence of proceeding without examining the front side of the above cargo vehicle, and used it on the road.

Ultimately, around November 15, 2013, the Defendant caused the victim's death by occupational negligence at the E Hospital located in Busan-gu Busan-gu, Busan-do, to the low-weight shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to traffic accident investigation reports, traffic accident occurrence reports, vehicle photographs, accident site photographs, and death diagnosis reports;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration, such as the death of the victim due to the instant accident, but the defendant agreed with the bereaved family members of the victim, covered by a comprehensive insurance policy, and reflected therein);

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