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(영문) 부산지방법원 동부지원 2018.03.29 2017고단1829

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for six 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 August 21, 2017, the Defendant driven Cone Star Cornex at an insular speed of 12:00 and caused the death of the victim F (V, 70 years old) who dried the road from the right side of the course due to occupational negligence to the left side of the road without checking whether or not there is a pedestrian by sufficiently examining the right side in the course of bypassing from one lane to the southbu department located in the city of Suwon-gu Busan Metropolitan City, the end of the operation of the vehicle, which led to the death of the brain side around August 24, 2017. < Amended by Act No. 1487, Aug. 26, 2017>

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

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 [Sentencing Criteria] : 2 types of traffic crimes (accidents resulting from traffic accidents) - the scope of the recommendation of non-wons for punishment (including serious efforts to recover damage) - the scope of mitigation area (decision of sentence in April to 1) (decision of sentence] agreement with the bereaved family of the victim; 62-2 degree of negligence on the part of the victim without permission.

Considering the fact that it seems to be, the sentence was determined as ordered.