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(영문) 부산지방법원 서부지원 2019.07.03 2018고단2324

교통사고처리특례법위반(치사)

Text

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

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

The Defendant is a person engaging in driving a rocketing taxi.

On September 1, 2018, at around 03:12, the Defendant proceeded at about 79.6 km from the Gupo-dong to the Mapo-dong, the two lanes in front of D, which are located in Busan, Seopo-gu C.

In such cases, the driver of the vehicle has the duty of care to drive the vehicle at a speed of 48 km or less per hour (speed speed of 20 km or less per hour) with the speed of 60 km and at the time, and the surface was slick and slick at night, and in such a case, the driver of the vehicle is obliged to drive the vehicle at a speed of 48 km or less per hour (speed of 20 km or less per hour).

Nevertheless, the defendant is negligent in doing so and is proceeding.

Defendant

The victim E (the age of 49) who walks one lane on the direction of the vehicle from the direction of the vehicle to the Malar-Dong from the direction of the Gupo-dong does not see the victim E (the age of 49) and the front part of the Defendant's vehicle was placed above the floor.

Accordingly, at around 15:45 on the same day due to the above occupational negligence, the Defendant caused the death of the victim due to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral eption in the middle patient hospital of the 179 Busan

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A death diagnosis report and reply to requests for appraisal;

1. Photographs of the skin vehicle and photograph of the victim;

1. Application of the Acts and subordinate statutes governing booms images of vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The defendant's liability for the crime is not exceptionally given that there was a significant result of the victim's death due to the criminal act in the judgment of the defendant's reasons for sentencing under Article 62-2 of the Social Service Order

However, the defendant seems to have reached an agreement with his/her bereaved family member, and the defendant violates his/her wrongness in depth.