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(영문) 부산지방법원 2013.08.14 2013고단2928
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 Crash and freight vehicles.

On March 16, 2013, the defendant driving the above cargo vehicle around 07:10, and proceeded to turn to the left at a speed of 10km from the west side of the gold company, elementary school, and the front side of the gold company, which is located in the Geum-gu, Busan.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service is a person standing the crosswalk by reducing the speed and by properly examining the front side and the left side.

Nevertheless, the defendant neglected to turn to the left due to the negligence of neglecting this, received the victim D (69 years of age, female) who crosses the road from the right side of the course to the left side of the crosswalk along the crosswalk, as the front part of the above cargo vehicle's right side, and made the victim go beyond the floor.

As a result, the Defendant caused the death of the victim due to the above occupational negligence at the emergency room of the F Hospital located in Busan Shipping Daegu E, which was under medical treatment at around 13:42 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Requests for the investigation and analysis results of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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 (agreement and reflect) of the suspended execution;

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