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(영문) 부산지방법원 2018.12.21 2018고단4634
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 September 15:20, 2018, the Defendant driving a small-scale C-Sasi at around 15:20, and driving from the intersection to the two-lanes in the direction of the intersection in the Busan Jin-gu, Busan to the two-lanes in the direction of the intersection, the Defendant changed the lane to the four-lanes in order to enter the same direction as that direction.

In such cases, when a person engaged in driving a motor vehicle changes a lane, he/she shall not change the lane when he/she operates a direction direction, etc. to give prior notice of a change in course, and where it is likely to obstruct the normal passage of other motor vehicles running in the direction of the change, he/she shall not change the lane when he/she is likely to change the lane.

Nevertheless, the Defendant neglected this and caused the damage to the road by taking the front part of the victim D(59 tax) in the direction of the same four lanes due to the negligence of changing the two lanes into four lanes as they were, thereby moving the front part of the above vehicle into the front part of the right side.

Ultimately, the Defendant caused the victim’s death by occupational negligence on September 4, 2018, by pressure from brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral in the Indones University Busan Hospital around September 07:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each traffic accident report;

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 the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);

2. Circumstances which are disadvantageous to the decision of sentence: the defendant is urgently required to keep the latter from the two-lanes without showing the latter.

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