(영문) 부산지방법원 서부지원 2018.06.15 2018고단431

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(영문) 부산지방법원 서부지원 2018.06.15 2018고단431

교통사고처리특례법위반(치사)

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

Reasons

Punishment of the crime

The Defendant was engaged in driving DMW110WH.

On January 9, 2018, the Defendant driven the above Obane around 20:20, and led to the progress of the road near the 430-developed river basin as the Busan Sbridgedle-gu.

Since there is a signal apparatus and crosswalk installed, in such cases, a driver has a duty of care to ensure that a person engaged in driving service is not able to protect the signal and not to shock pedestrians walking the crosswalk.

Nevertheless, the Defendant neglected the above duty of care and went straight through the intersection by violating the stop signal as it is, and caused the victim E (the 55 years old) who dried the crosswalk due to the negligence of the duty between the two and the two, thereby getting the front part of the above Oba.

Accordingly, the Defendant caused the victim's death by occupational negligence due to cerebral cerebral injury during treatment at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommended punishment in accordance with the sentencing guidelines] - The basic area (8 to 2 years) concerning the type 2 (accident resulting from traffic accident) of the General Traffic Accidents, - In the case of a special aggravated driver, or in the case of a special aggravated driver, the illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, or in the case of a special mitigated driver - The person who is subject to a special mitigated reduction: The person who is not subject to punishment [the sentence] has committed a violation of the duty to protect pedestrians in the signal and crosswalk, and there was a serious result that the death of a victim was caused, and there was no negligence on the victim, the defendant is only a fine for this kind

참조조문

-교통사고처리 특례법 제3조 제1항

-교통사고처리 특례법 제3조 제2항

-형법 제268조

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