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(영문) 부산지방법원 2014.05.02 2014고단1331
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On November 29, 2013, the Defendant driven the above cargo vehicle on November 18:10, 2013, and proceeded at the speed between the two-lanes in front of the sex-passing road, which is located in the sex repair of the Gu and Si/Gu, from the intersection to the rooftop.

Since there was a sidewalk made for pedestrians to walk on the right side of the road, the driver of the motor vehicle has a duty of care to check the safety of the course and prevent accidents by driving the motor vehicle on the road between the sidewalk and the roadway.

Nevertheless, the defendant neglected to pass along the vehicle due to difficulties in driving the vehicle on the right side of the roadway, and due to the negligence of going about about 60 km a speed from the road to the front part of the vehicle of the defendant, the victim C(34 years old) was driving a bicycle drivinged by the victim C(34 years old) who was going directly facing the opposite part.

Ultimately, at around 21:14 on the same day, the Defendant caused the death of the victim due to the above occupational negligence at the emergency room of the hospital affiliated with the Gancheon-do University affiliated with the Gancheon-si University, Seoul Special Metropolitan City, 250 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report and the death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The victim died due to the fault of the defendant, who moved at a considerable speed to the news report that the two types of vehicles could not run, taking into account the type of selective imprisonment without prison labor (the same type of power and the reasons for sentencing as below).

Although the defendant was caused by the reporting of an urgent mind in order to solve the rolling stock during road expansion works, it was derived from the failure to observe the principle.

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