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(영문) 부산지방법원 2014.10.20 2014고단6416
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 C250cc Orala.

On 18:30 on 19:19. 19. 2016, the Defendant driven the above Orabab, and proceeded two lanes in front of the Han-Nan apartment in Busan East-gu, Busan, with one lane from the intersection to the coastwise.

Since there is an intersection where signal, etc. is installed in the front bank, there was a duty of care to reduce the speed for persons engaged in driving service and prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the Defendant, while proceeding as it is when disregarding the vehicle stop signal from the front side of the direction of the Defendant’s proceeding to the left side, received the front part of the EXF car from the D Driving’s EEX which was proceeding from the right side of the direction to the left side, and caused the shock to that end, the victim F (n, 55 years old) who was the wife of the Defendant, who was on board the above Orabab, was on board.

As a result, the Defendant suffered injury, such as double alleys, etc., due to the above occupational negligence, and on the 23th day of the same month, the Defendant caused the death of the victim, such as double abrupted surgery, etc., at the Incheon-gu Busan-gu Welfare Complex, Busan-do, where the victim was under medical treatment, due to the multi-faced surgery, etc. at the Incheon-do, Busan-gu, Busan-do, which was under medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a field photograph of the accident, a vehicle photograph of the accident, a photo of the changeer, or CCTV image at the accident site;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the details of the instant crime, the relationship between the Defendant and the injured party, and other various circumstances shown in the instant pleading).

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