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(영문) 부산지방법원 동부지원 2015.01.21 2014고단1965
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 horse drive vehicle B.

On 14:10 on 14:10 on 2014. 14. 14:10, the Defendant got to turn to the left at the left while driving a four-lane of the turn to the left, including the left turn from the direction of the Geum River-gu River in the direction of the revision.

Since there is a non-protective left-hand turn sign at this place, a person who intends to turn to the left at this place has a duty of care to detect and yield the vehicle coming from the green signal in advance and safely turn to the left in advance to prevent the accident.

Nevertheless, the Defendant neglected this and did not discover and yield the vehicle coming from the opposite side, and was driven by C in the direction of revision from the opposite side due to occupational negligence and negligence of the left-hand turn, and received the front-hand part of the bus front-hand in the direction of the Defendant’s horse drive.

Ultimately, at around 13:50 on September 19, 2014, the Defendant had been on the Defendant’s vehicle due to the above occupational negligence, caused the death of the E (the age of 32) due to brain pressure, cerebral cerebral cerebralop, cerebralop, and low oxygen cerebral cerebral cerebralopsis at the Jeon-gu Hospital located in 20, Young-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act requires strict punishment against the accused when considering the fact that the victim died as a serious result of the instant crime.

However, the defendant's primary crime is divided into his mistake, and the victim who died from the crime of this case is the wife of the defendant and the F, the bereaved family member of the victim, does not want the punishment of the defendant, and the defendant is sentenced to imprisonment without prison labor.

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