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(영문) 부산지방법원 동부지원 2015.07.22 2015고단727

교통사고처리특례법위반

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 of the final judgment.

Reasons

Punishment of the crime

On October 14, 2014, at around 17:00, the Defendant, along with E, Victim F (M, 53 years of age) in the “D” located in the Busan District captain C, and had the Defendant drive the G M& car in lieu of E under the influence of alcohol, and had the Defendant drive the front of the Busan District captain H.

The location is a downbro, and it was a sudden so that a person engaged in driving service has a duty of care to prevent accidents by properly seeing the front and rear, reducing the speed, and safely manipulating the steering gear and brake system.

Nevertheless, the Defendant neglected this and operated a downhabro without reducing speed, and was negligent in failing to properly operate the steering gear on the road, and received the utility pole at the bend point of the road, which was the top part of the Mati vehicle.

Ultimately, the Defendant caused the death of a victim, who was on the back seat of the steering seat of the math vehicle due to the foregoing occupational negligence, at around 00:48 on October 22, 2014, who was on the back seat of the math vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement to I, J, and K;

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

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

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the fact that the victim has reached an agreement with his/her bereaved family member);

1. Social service order under Article 62-2 of the Criminal Act;