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(영문) 부산지방법원 서부지원 2019.08.29 2019고단351

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On August 20, 2018, the Defendant driven the above taxi on August 14:48, 2018, and became to enter the entrance of Busan Ho-gu C Apartment.

Since the above place is an apartment access road where pedestrians are frequent, in such a case, there is a duty of care to prevent traffic accidents in advance by thoroughly operating the steering time, steering and brakes accurately, while neglecting the duty of care, the Defendant neglected to do so, and led the victim D (70 years of age) who walked on the road from the right side of the defendant's moving direction to the left side of the above apartment road, and neglected the victim who walked on the above apartment road to the left side of the above taxi.

Ultimately, the Defendant suffered from a serious injury, such as a congested state, due to brain damage, due to such occupational negligence, and caused the death of the F Hospital located in Busan Jin-gu, Busan, which was treated on March 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the traffic accident report, each evidence photograph, each diagnosis report, and death diagnosis report;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;

3. Determination of sentence: A person who has committed the instant crime for a period of one year and reflects in depth the truth while making a confession of the instant crime, his/her driving vehicle is insured by the Financial Cooperative, and the accused has no record of the offence subject to punishment for the last 30 years or more;

On the other hand, the crime of this case is operated by the defendant.