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(영문) 부산지방법원 서부지원 2020.01.15 2019고단1676

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

At around 11:45 on May 4, 2019, the Defendant, while engaging in driving cars B, was driving the said car on the front road located in Gangseo-gu Busan Metropolitan City, and entered the area where it is difficult to secure the view due to loaded goods and street waterways in the vicinity, and thus, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle before and after the front and rear and prevent an accident. However, the Defendant neglected the duty of care to prevent the accident by driving the motor vehicle safely and safely, and due to the negligence of failing to do so, led to the victim E (89 years old)'s bicycle rear wheels, which was going to the right side from the left side of the motor vehicle after the start of the mast (89 years old) and continued to have the victim go beyond the floor with the rear wheels of the above rear wheels, and caused the victim to die at the Busan Metropolitan City University on May 12:4, 2019 and caused the death of the victim to be damaged to both sides of the 197.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident of F;

1. A traffic accident report;

1. Application of statutes to a copy of a death certificate;

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant's negligence level at the time of the crime of this case is not somewhat weak, and that the result of the crime of this case is very serious, it is necessary to severely punish the defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant did not have any record of crime exceeding the same kind or fine, that the defendant agreed in G and investigation stage with the son who is the bereaved family of the victim who died, and that the victim's bicycle operation direction and route at the time of the crime of this case.