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(영문) 부산지방법원 2015.09.16 2015고단4568
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, 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 a tourist bus B.

On May 21, 2015, the Defendant driven the above bus at a speed of about 26 km from May 21, 2015 to drive the six-lanes in front of the D, located in Busan Jin-gu C, Busan, at a speed of about 6 km, depending on the 6-lanes from the intersection to the intersection of the lower intersection.

Since there are crosswalks where signal lights are installed on the front side, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce speed and see well the front door, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected this and found the victim E (77 years old) who was walking a bicycle on the right side from the left side in accordance with the pedestrian signal from the bend side by negligence, disregarding that the vehicle signal is changed to the stop signal, while driving as it is, at the bend side of the bus driving of the defendant, the victim got out of the ground by shocking the right side of the bicycle.

Ultimately, the Defendant caused the victim's death by his occupational negligence at around 09:48 on May 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A statement of occurrence of a traffic accident prepared by a defendant;

1. The application of Acts and subordinate statutes governing the car accident report, report on the occurrence of a traffic accident, photographic and field photographs, vehicles, bicycle photographs, death certificate, and autopsy protocol by cutting down a suspect, vehicle stacker image image, etc.;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing criteria (the determination of types).

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