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(영문) 부산지방법원 2015.11.24 2015고단5917
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three 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 a string and driving a string.

At around 18:30 on August 4, 2015, the Defendant continued to turn back from the center to the left of the mast, the third distance from the back of the Fusst in the Geum-gu, Busan to the left.

Since it is a children protection zone and a crosswalk is installed, the driver has a duty of care to pass the crosswalk after checking whether a person engaged in driving service is able to live well on the front side and the right side, and pedestrians pass the crosswalk.

Nevertheless, the Defendant neglected this and proceeded without confirming whether a pedestrian passes the crosswalk, and did not discover the victim G (V) who was standing the crosswalk from the right side of the Defendant’s proceeding to the left side, and did not discover the victim G (V) who was standing the crosswalk, and the Defendant shocked the victim with the front part of the vehicle driven by the Defendant, and led the victim to the shocking part.

As a result, the Defendant caused the death of the victim due to multiple organ damage while receiving treatment at a bed hospital located in the Geung-gu, Busan, in a gold-gu, 200 from 20:0 on the same day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the Acts and subordinate statutes to photographs by conducting a traffic accident inspection report and capturing images related to the accident;

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

1. Selection of imprisonment without prison labor as the defendant's negligence and damage are serious;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection of the accused, the agreement with the bereaved family members of the victim, and the fact that the accused is the first offender who

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the child protection zone, and the defendant's vehicle shocked the victim who passed the crosswalk and caused his/her death. The defendant's negligence is significant, and the victim's bereaved family is agreed with the victim's bereaved family.

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