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(영문) 부산지방법원 서부지원 2018.07.25 2018고단619

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CF rocketing car.

On November 12, 2017, the Defendant driven the above car at around 19:10 on November 12, 2017, and made a turn to the right from the intersection of the Plcheon-dong, Seocheon-do, Busan to the Hongcheon-do IC.

Since there is a left left-hand turn sign at all places, the defendant engaged in driving of the motor vehicle has a duty of care to check well the right and the right of the motor vehicle so that it does not interfere with the traffic of other motor vehicles.

Nevertheless, the Defendant neglected to make a left turn due to negligence, and did not discover the Eeld Round of the victim D(24) driving in accordance with the straight line in the opposite direction, and instead did not discover the Eeld Round, the left part of the Oral Ba was received as the front part of the Defendant’s car and got the damaged person over the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the East Asia University Hospital, which was located in the Seo-gu Park, Seo-gu, Busan, Busan, on February 15, 2018, in lieu of the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss of a traffic accident report, on-site, vehicle photographs of the accident, and closure of the accident image;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 2 (Death and Injury of Traffic Accidents) (from April to one year) in the mitigation area (including special mitigation persons), the punishment of which is not limited (including serious efforts to recover damage) in the sentencing guidelines;

2. Determination of sentence: (a) disadvantageous circumstances such as the death of the victim due to the instant crime, the result thereof is very serious; and (b) the Defendant recognized the instant crime and repented in depth; and (c) covered by a comprehensive insurance policy.