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(영문) 부산지방법원 동부지원 2017.12.20 2017고단2245

교통사고처리특례법위반(치사)

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

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

Reasons

Punishment of the crime

On December 16, 2016, the Defendant is a driver of the Dolsan car, and was driving the said car at around 18:15 on December 16, 2016, and continued 1002 local roads in front of the 1002 local roads in front of the Haak Village located in the Sinnam-gun, the Hannam-gun, the Hannam-gun, the Hannam-gun, the Hannam-gun, the Hannam-gun, the Don-do

At the time, there is a duty of care to prevent accidents in advance by complying with the speed limit and driving safely by ensuring that the speed is restricted at night and the speed limit is 70 km speed, so a person engaged in driving service has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and found the victim E (59) who was walking along the center line near the bend line, but did not avoid it immediately, and caused the victim's death due to diversification damage, etc. caused by clothes, double ruptures, etc. in front of the left side of the Defendant's driver's vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes to notify the results of a traffic accident report, field map, on-site photograph, on-site survey report, report on death, body death report (related to the history of death, etc.), gene appraisal report, internal investigation report (verification and attachment of black stay images), traffic accident analysis report, autopsy report, traffic accident analysis report, response to a request for confirmation of medical records, and video appraisal report;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as an order to attend a lecture or an order to provide community service, is due to the occurrence of traffic accidents while driving in excess, resulting in the death of the victim, and the liability for such crime is not against the disadvantage of the victim.

However, the defendant.