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(영문) 부산지방법원 동부지원 2016.10.31 2016고단1623
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 of B 14 tons of truck truck trucks.

On May 17, 2016, the Defendant driven the above cargo vehicle around 09:00, and continued the intersection of the C kindergarten distance in front of the D kindergarten located in Yongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, to the west-do west-do west from the area of the area of the s

At this point, there is an intersection where traffic control is not performed, and there is a child protection zone of 30km speed at the time of restriction, so there was a duty of care to accurately operate the steering and steering gear so as not to cause any accident with other vehicles, etc. entering the intersection by complying with the speed limit and properly examining the right and the right of the road and the right and the right of the vehicle.

Nevertheless, while neglecting this, the Defendant was negligent in finding the victim E (75 years of age) who operated a bicycle on the front side of the Defendant’s running direction and driving the bicycle at a speed exceeding 23 km speed per hour without reducing the speed, and received the victim as the front right side of the freight driven by the Defendant.

Ultimately, at around 01:50 on May 28, 2016, the Defendant caused the victim’s death by occupational negligence to the brain liver function department during treatment at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu, Chungcheongnam-gu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificate and protocol of bereaved family's statement);

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

1. Although the punishment of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is important, considering all normal data shown in the trial process, such as the confession of the defendant, the fact that the defendant was led, the bereaved family of the victim and the bereaved family of the victim, the fact that there was no criminal conviction in the same manner and there was no criminal conviction exceeding the fine, the age, occupation

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