(영문) 부산지방법원 2012.11.06 2012고단7617

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(영문) 부산지방법원 2012.11.06 2012고단7617

교통사고처리특례법위반

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 29, 2012, the Defendant is a driver of CA car, and around 00:24 on July 29, 2012, around 00:3 lanes in front of the Daedo subway Station located in Gangseo-gu, Busan, Busan, were straighted as about 80km per hour from the Gupode to the Kim Sea.

At the time of night, in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering system, etc.

Nevertheless, the defendant neglected this and found the victim D (year 55) who crosses the road to the right side from the left side of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the disaster, but failed to meet the above-mentioned part of the victim's right side.

Ultimately, around July 29, 2012, around 02:38, the Defendant caused the victim's death by occupational negligence, resulting in the victim's cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ma Hospital in Busan,

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the Act takes into account the following factors: (a) the victim was crossing the vehicle without permission at night along six-lanes from which the passage of the vehicle is frequent; (b) the victim was shocked at one lane near the median line; (c) the victim’s liability for the occurrence of the accident seems to be much larger in light of the substance of the accident; (d) the victim’s bereaved family members and

1. The Defendant, who was convicted in October of the year of suspended sentence, is not negligent in the occurrence of the instant traffic accident. However, based on the evidence duly adopted and examined by this court.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제59조 제1항

-형법 제268조

유사 판례

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