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(영문) 부산지방법원 동부지원 2016.12.28 2016고단2294
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2.Provided, That the execution of the above sentence 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 B1.2 tons and Class III cargo vehicles.

On October 14, 2016, the Defendant driven an above cargo vehicle on October 10:15, 2016, and led to turn to the left at a sloping speed from the side of the port lease convalescent hospital to the territorial sea.

Since there is a place where a crosswalk without signal lights is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as stopping, if there is a pedestrian crossing.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and caused the victim E (the age of 76) who crossed the crosswalk from the right side of the defendant's proceeding to the left side, to the front part of the motor vehicle that the defendant was driving, and led the victim going beyond the road to the above car.

Ultimately, around October 14, 2016, the Defendant caused the victim to die due to damage to the diversity of head, chest, and ship during treatment at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, such as where agreement has been reached with the victim and the defendant has dependents);

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