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(영문) 부산지방법원 2016.11.24 2016고단5651
교통사고처리특례법위반(치사)
Text

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

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a freight truck.

On August 16, 2016, the Defendant driven the above truck on August 15:28, 2016, sent the signal signal at three lanes in front of the crosswalk in the vicinity of the residents' self-governing center in the Seo-gu in Busan, Seo-gu, Seo-gu, and changed the line to the two lanes, and led to the high medical care center in the vicinity of the intersection.

At the time, the time was a low time zone where the view was secured, and there was a person to build a crosswalk in accordance with pedestrian red signal, and there was no obstacle to view between the person and the truck. In such a case, there was a duty of care to safely drive the vehicle by accurately manipulating the steering gear, brake system, etc. of the vehicle with the driver’s duty of care.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear and brakes while changing the steering gear from the three-lane to the two-lanes, which led to the Defendant’s negligence. On the left side of the above truck’s driving direction, the Defendant did not find out the victim F (n, 84 years old) who was cutting the crosswalk to the port along the pedestrian red signal, and got the victim as the front part of the above truck, and proceeded with the above truck’s front wheels.

Ultimately, the Defendant caused the victim to die in the workplace due to the above occupational negligence by causing the damage to the chest and scarcity.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. The reason for sentencing under Article 62(1) of the Criminal Code is that the victim and his/her bereaved family members have reached a unanimous agreement, and it is against the law.

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