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(영문) 부산지방법원 2015.04.22 2014고단8836
교통사고처리특례법위반
Text

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

However, 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 who is engaged in driving a motor vehicle of Category D or other Class D.

On September 4, 2014, the Defendant driven the above car at around 17:40, and led to the intersection of Gangseo-gu, Gangseo-gu, Busan, to the Kimhae Airport from the west-dong to the west-dong.

The location is a farming road where traffic is not controlled, and there is a influence and tree field at the right side of the intersection, which is the height of people, so the driver has a duty of care to check whether or not there are motor vehicles, etc. that are crossing by reducing or temporarily stopping the speed prior to the passage of intersection, and whether or not there are motor vehicles, etc.

Nevertheless, the defendant neglected to do so and found out the F.O. that the victim E (the age of 77) driving on the right side of the road in the direction of the left side of the road due to the negligence of the defendant's failure to do so, and f.o. to avoid this, but f.o. to avoid this, the defendant was f.o., but f.o. to avoid this, but f.o. to avoid this, f.o., the front wheels of the victim's vehicle and the front wheels of the victim's vehicle was f.o.

As a result, the Defendant caused a large-scale death at the East Asian University Hospital located in 26, Seo-gu, Seo-gu, Busan, where the victim was under a post-treatment treatment around September 4, 2014, on the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of the defendant;

1. The criminal defendant's written traffic accident;

1. Application of new Acts and subordinate statutes to traffic accident reports, traffic accident reports, photographs, diagnosis certificates, and traffic accident investigation and analysis results;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (The following favorable circumstances).

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