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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2506

교통사고처리특례법위반(치사)

Text

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

except that 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-Wood vehicle.

On October 21, 2018, the Defendant driven the above car on October 21, 2018, and made a left turn to the left at the speed of 21-30km from the direction of the use distance to the speed of 21-30km in front of D located in Busan south-gu C.

Since there was an intersection with the non-protection line sign, the driver of the motor vehicle has a duty of care to safely proceed by checking the motor vehicle in the vicinity of the intersection and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and failed to discover the G JYYAX125R, which was driven by F, which was driven by the direct driving signal of the vehicle on the road facing this, and received the left-hand part of the above OYX125R as the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the death of the victim H (the age of 18) who was on the part of the above Obaba, due to the above occupational negligence, at around 22:29 on the same day, at the J Hospital located in Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to K;

1. Statement on the occurrence of a traffic accident prepared by the F;

1. Application of the Acts and subordinate statutes to a traffic accident report (report on actual condition), a traffic accident report, a field map, a corpse inspection report, a corpse inspection report, a field photograph at the time of the accident, photographs at the scene of the accident, CCTV images around the scene of the accident, CCTV images around the scene of the accident, and

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) is that the instant crime resulted in the death of the victim by causing a traffic accident while making a non-protective meeting and causing the death of the victim. This is disadvantageous to the nature of the relevant crime, and the victim’s bereaved family members are expected to suffer a great pain.