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(영문) 부산지방법원 2018.09.28 2018고단1933

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

On April 14, 2018, the Defendant driven an Estyna taxi at around 19:28, and driven a four-lane from the 4-lane road in front of a rapid bus terminal located in 2283, as the center of Geum-gu, Busan, the Defendant: (a) caused the victim F, who was crossing the road from the right side of the Defendant’s proceeding to the left side, to go beyond the upper part of the said taxi, due to the Defendant’s error of not sufficiently seeing the road conditions; and (b) caused the victim F, who was crossing the road from the right side of the said taxi, to go beyond the lower part of the said taxi; (c) around 05:55, around the following day, the damaged person caused the death of the pel half and the estroke, caused damage to the right side edge in the Busan National University Emergency room located in 179, Seo-gu, Busan National University.

Summary of Evidence

1. Statement by the defendant in court;

2. A traffic accident report (the actual survey report);

3. 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;

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determination of types: Traffic crime group - General traffic accident - Two types (Death or injury of a traffic accident);

(b) Special sentencing factors: Ineligible factors for punishment.

(c) Scope of recommending punishment: Four months to one year (reduction area) of credit cooperatives; and

3. Criteria for suspension of execution;

(a) Major factors (i) negative factors: (ii) positive factors in the event of death; (iii) no penalty is imposed;

(b) In general circumstances, negative factors: (a) not less than two times of suspension of execution, and positive factors: the detention of the accused is accompanied by excessive difficulties for the dependent; and (b) the comprehensive motor vehicle insurance;

4. The sentence of sentence is rendered in this case. The defendant caused an accident of collision with the victim crossing the road while driving a taxi at low time, resulting in the death of the victim due to the shock, not only the nature and circumstances of the crime but also the fact that there is a considerable good reason.