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(영문) 부산지방법원 2013.11.06 2013고단4384
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 of a car and cargo vehicle of 14 tons of treatment C.

On March 13, 2013, the Defendant driven the above cargo vehicle on March 15:35, 2013, and proceeded along the two-lane road in front of the Singongdong-gu, Busan, according to one-lane road from the boundary of the tring-dong, the two-lane road was stopped in front of the crosswalk stop line.

Since there is a crosswalk on which signal lights are installed at a front door, there was a duty of care to safely pass the crosswalk after checking whether a person engaged in driving of a motor vehicle is a person to cross the crosswalk by reducing the speed of the motor vehicle and checking well the front door.

Nevertheless, the defendant neglected this and did not find out the victim D (80 years old) who cross the crosswalk from the right side to the left side due to the negligence that caused the change of the vehicle signal from the red signal to the green signal, and did not discover the victim D (the age of 80). The defendant shocked the victim into the front side of the left side of the cargo vehicle of the defendant, and led the victim to the front side of the left side of the victim with the front side of the left side.

Ultimately, the Defendant caused the victim's death by occupational negligence, such as a parous shock show, etc., which took place at around 05:56 on August 8, 2013, while receiving treatment from the Seo-gu Hospital in Busan, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. Certificates of medical treatment;

1. Application of Acts and subordinate statutes of the investigative report (No. 11 of the evidence list);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (no same type of force exists, and agreement with the bereaved family members of a victim and reflects thereon);

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