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(영문) 부산지방법원 2018.02.22 2017고단5477

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a cub vehicle in E.

On September 10, 2017, the Defendant driven the above vehicle at around 12:06, and driven the intersection in front of “G” located in “G” located in “G” located in the Busan Jin-gu, Busan, at a speed of about 40 km per hour in the direction of the intersection in writing from the direction of the intersection to the intersection.

At this point, there was a duty of care to avoid passing ahead to a person engaged in driving service because it is an intersection-prohibited area.

Nevertheless, the Defendant neglected to do so and tried to overtake the 50cc Sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc s

As a result, the Defendant caused the death of the victim due to the occupational negligence in the Busan-gu Busan-gu Busan-gu Busan-ro, which was under medical treatment on September 18, 2017, at around 02:09, at the Busan-do Busan-gu, Busan-gu, Busan-do, Busan-do, which was under medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A traffic accident report (1) (2) and an accident-related photograph;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. There is no person who has any basic area (8 to 2 years), the basic area (8 to 2 years), such as (a) the decision of sentence] under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the reason for sentencing of imprisonment without prison labor / [the scope of recommended punishment] under Article 2 of the Act on Special Traffic Accidents. [Judgment of sentence] The occurrence of a serious result leading to the death of a victim by negligence of a defendant, the degree of negligence of a defendant concerning the occurrence of an accident is significant, and the victim's bereaved family members want to reduce the defendant's severe punishment, it is inevitable to sentence the defendant.

However, considering the fact that the defendant recognized the crime, the first offender, the age, character and conduct, environment, etc. of the defendant and the conditions of sentencing as shown in the trial process.