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(영문) 부산지방법원 2013.09.11 2012고단10430
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM5 car.

On October 27, 2010, the Defendant driven the above car on October 23:58, 2010, and proceeded along the intersection of the Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Korean Egyeong-dong, Busan, according to the two-lane way from the direction of the Sari Police Station to the Pari-dong.

At the same time, the signal apparatus was operated, so in such a case, the driver of the motor vehicle has the duty of care to prevent the accident in advance by driving the signal in compliance with the signal.

Nevertheless, even though the front signal prior to entering an intersection has been changed to a yellow stop signal, the Defendant was negligent in proceeding as it was, and the front part of the victim E(34 years old) driving, who proceeded to the right side from the left side of the Defendant’s driving vehicle, was placed in front of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim G(35 years of age) who was on board the damaged vehicle due to such occupational negligence, and caused the death of the victim H(33 years of age) who was on board the damaged vehicle to both sides, etc.

Summary of Evidence

1. Results of the verification of black boxes and video CDs in this Court;

1. A traffic accident report;

1. Each body autopsy (E, G);

1. Application of a copy of a diagnosis document (H) statute;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 of the Criminal Act of the Suspension of Sentence

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