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(영문) 부산지방법원 2013.07.09 2013고단1473
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of C Freight.

On January 29, 2013, the Defendant driven the above cargo vehicle around 13:57, and led to turn to the left at about 30 km each hour from the parallel of three streets in front of the Sacheon-gu Sacheon-dong National Sports Center at Sacheon-gu, Busan, to the left at the speed of about 30 km each other, depending on two lanes from the Gumyeong-dong.

At the time, the left turn was installed at the front door, so there was a duty of care to safely turn to the left after checking whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and did not discover that the victim D (the age of 78) who was unable to cut the crosswalk in the pedestrian signal as it was by negligence and did not see that the victim D (the age of 78) who was unsatisfing on the right side from the left side and got the victim to go beyond about 10 meters away from the place where the accident occurred.

Ultimately, at around 13:05 on January 30, 2013, the Defendant caused the death of the victim due to an cerebral blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the cases of penances and the cases of agreements with the bereaved family members of the victim);

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