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(영문) 부산지방법원 2019.06.04 2019고단965

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for 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 of K5 si.

On February 14, 2019, at around 20:08, the Defendant driven the above taxi and proceeded in the direction of the consent opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite.

At the time, the number of street trees was at night and it was difficult to see the front-round market, so there was a duty of care to reduce the speed and to see the front-round left.

Nevertheless, the Defendant neglected this and caused the victim D who illegally crossed the road to the left side of the direction of the Defendant’s course due to the negligence in the course of driving the vehicle, and received the victim D in front of the above taxi.

Ultimately, the Defendant caused the victim to die immediately at the site due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Application of Acts and subordinate statutes concerning autopsys;

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. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

2. It shall be decided as ordered in full view of all the circumstances, such as the fact that the decision of sentence was reached with the bereaved family members of the victim, the fact that his mistake is against him, the victim was crossing the road without permission at the time of the accident, the circumstances and results of the accident, etc.