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(영문) 부산지방법원 2013.10.30 2013고단5177
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 a B truck.

On June 28, 2013, around 12:58, the Defendant temporarily stopped in front of the Industrial Bank of Korea located in Suwon-gu, Busan, in accordance with the new subparagraph, while driving the said truck while driving it, and then continued to run the said truck at the seat of the irrigation intersection from the seat of the new Tririri Road.

In such a case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent an accident in advance by taking into account whether there is a person continuing driving a crosswalk, but has been negligent in neglecting the duty to prevent the accident, and caused the victim's death by neglecting the duty to prevent the accident to the right side of the motor vehicle and continuing to take the 88 years old part of the victim C (the victim) who was walking the crosswalk with the right side of the motor vehicle, and continuously turning the body part of the victim's body going beyond the right side of the motor vehicle into the right side of the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of D police statement;

1. On-site photographs;

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 (Consideration to the agreement with the bereaved family members of the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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