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(영문) 부산지방법원동부지원 2020.10.23 2020고단816
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half 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 of B 2 cargo vehicles.

around 12:04 on September 3, 2019, the Defendant is driving ahead of the “D” road located in Busan Metropolitan City Maritime Transport Daegu in the direction of the transmitting beach from the direction of the transmission beach on the side of the natural Tri-distance.

They turn to the right of the due diligence community service center.

At this point, there is a sign before the signal lights and the non-protection assistant, and the left-hand side of the crosswalk without a pedestrian signal, etc. is installed.

In such cases, the driver of a motor vehicle had a duty of care to prevent accidents by checking whether there is a person who gets a crosswalk while safely driving the motor vehicle in accordance with the new code.

Nevertheless, the defendant, even though he did not go to the left due to the negligence of disregarding and left-hand turn, got the victim E who walked on the crosswalk from the right-hand side of the course to the left-hand side of the above vehicle where the defendant was driving.

Ultimately, around 06:35 on May 15, 2020, the Defendant caused the death of the victim at G Hospital located in Busan, Daegu, Busan, to the death of the victim due to the blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident (report on the actual condition of a traffic accident) and a report on the occurrence of a traffic accident (Attachment of photographs and images, or a photograph by cutting a black stuff image);

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;

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant, while making a left turn to the red signal on the road where the non-protection unit line is permitted, shocking the victim who dried the crosswalk and eventually resulting in death, the defendant's negligence is heavy in the crime of this case and the responsibility for the crime is also heavy.

However, the defendant is divided into a truth-finding, and the prosecution of this case is instituted after the prosecution of this case.

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