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(영문) 부산지방법원 서부지원 2017.06.14 2017고단341

교통사고처리특례법위반(치사)

Text

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 January 23, 2017, at around 11:05, the Defendant driven the ele-car at a speed of about 20 km at the speed of about 10 km from the e-mail of the city to the e-mail of the school from the e-mail of the city.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side and to accurately operate the steering gear and the steering gear and to drive the motor vehicle safely.

Nevertheless, the defendant did not discover the victim F (65 years old, female) who walkes the above road on the right side from the left side of the progress direction due to the negligence of the defendant's occupational negligence and did not neglect this, and did not discover the victim F (65 years old, female) and had the victim go against the floor by taking more parts than the left side of the driver's vehicle.

Accordingly, around January 25, 2017, around 12:58, the Defendant caused the victim to die by occupational negligence, resulting in the victim's death from an external wound in the Dong University Hospital located in Busan, Seo-gu, Seo-gu, Busan, 26.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident vehicle photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of sentencing guidelines] - In the mitigated area of Class 2 (Death or Injury by Traffic Accidents) (the period between April and year) of the general traffic accident (the period between April and one year): In the case of a special mitigated person, the above special mitigated person and the defendant did not have any criminal record at all, the defendant's age, sex, behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be considered, and the punishment shall be determined as set forth in the Disposition.