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(영문) 부산지방법원 2016.02.17 2015고단7471
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On October 30, 2015, the Defendant driven the above car at around 09:10, and proceeded to turn to the right from the right to the mountain corridor from the right to the right from the right to the right to the right to the right.

At all times, a crosswalk is installed as a private street crossing without signal, so in such a case, the driver of the vehicle has a duty of care to prevent accidents, such as making a stop to the driver of the vehicle, keeping the front door and the right and the right, and safely driving the crosswalk after checking whether the driver of the vehicle is a pedestrian.

Nevertheless, the Defendant did not discover the Victim F (79) who was a victim of the crosswalk in front of the horse in the event that he was negligent in neglecting this and proceeded with the Defendant’s driver’s car.

Ultimately, around October 30, 2015, the Defendant caused the victim’s death by occupational negligence to “serious shock” caused by “maleculic shock” from H hospital located in Busan Young-gu G at the Busan Young-gu Hospital around 22:10.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to traffic accident reports and death diagnosis reports;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The sentencing guidelines [the types] the ordinary traffic accidents, the types of two (Death or Injury by Traffic Accidents), the area of mitigation [the person subject to special sentencing] the area of mitigation [the scope of the recommended sentence] [the scope of the recommended sentence] from April to October;

2. Although the nature of the crime of this case, which caused the death of the victim by negligence in the course of business at the intersection where a crosswalk for determination of sentence is held, is very poor, the agreement shall be reached with the bereaved family members of the victim.

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