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(영문) 부산지방법원 동부지원 2016.03.16 2015고단2367

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around 05:35 on August 31, 2015, the Defendant driving BMW car and driving the three-lanes of the three-lane road of the Korean Technology Finance Corporation prior to the Busan Southern-dong, Busan-dong into the home flusing plane. On the face of this, the Defendant: (a) taken the victim C (V, 72 years old) who was negligent in the Jeonju-si and went back to the right-hand side from the left-hand side of the Defendant’s running direction due to the occupational negligence and taken the victim C (V, 72 years old) who was going to go back to the right-hand side of the Defendant’s driving direction; and (b) caused the victim’s death to the 75-lane long-term part due to brain transfusion and blood transfusion at the Busan-do Busan National University Hospital located in Busan-gu, Busan National Health Promotion around September 5, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes to an accident site photograph and death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) has been agreed with the victim and covered by comprehensive insurance);