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(영문) 부산지방법원 2018.10.18 2018고단3616

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of 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 of B gender car.

On May 23, 2018, the Defendant driving the said car at around 18:40 on May 23, 2018, and continued to drive the parking lot within the D Hospital located in Busan-gu C for the purpose of leaving the parking lot outside the hospital at the entrance of the said hospital.

At the same time, many vehicles are parked, and the passage of vehicles and pedestrians is frequent, so in such a case, the defendant engaged in driving service has a duty of care to safely drive the steering wheel and brakes by accurately manipulating other vehicles or pedestrians' attitudes.

Nevertheless, the Defendant neglected to do so by negligence in the course of his duties and shocked the back end of the sports vehicle Eco, which is parked in the front door of the said gender tran vehicle, and followed by the following: (a) was parked in the lower end of the said gender tran vehicle; (b) was shocked by the front end of the F knif vehicle parked in the front door of the said gender tran vehicle; and (c) was driven by the victim of G (W, 83 years old) where he walked with the front end of the said gender tran vehicle; and (d) was driven by the front end of the said gender tran vehicle.

Ultimately, around May 25, 2018, at around 05:23, the Defendant caused the victim’s death at the above D Hospital due to the above occupational negligence to a multiple-long-term marriage due to external blood and blood shortage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A death certificate;

1. Application of items (1) and (2) of the traffic accident report, a written statement of the occurrence of the traffic accident, an on-site photograph of the traffic accident, and the Acts and subordinate statutes

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Application of the sentencing criteria (the scope of recommended punishment) general traffic accidents;