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(영문) 부산지방법원 2017.10.18 2017고단4341
교통사고처리특례법위반(치사)
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 B, Grandroth.

On July 20, 2017, the Defendant driven the above vehicle on July 12:45, 2017, and stopped at the entrance of the parking lot outside the Gingu in Busan, Jin-ro 83, Jin-ro, Busan, by entering the entrance of the parking lot outside the Gingu Hospital, 81, followed the passengers getting out of the parking lot again at a speed of 10km per hour.

At the time of the defendant's front passage from the above vehicle C (n, 79 years old). Since the victim C (n, e.g., the 79 years old) was passing ahead of the above vehicle, the driver of the vehicle had a duty of care to look at the front and right of the vehicle and accurately manipulate the brake system, etc. while maintaining the safety distance with the victim, thereby preventing the accident from occurring.

Nevertheless, the Defendant neglected this and did not properly examine the right and the right and the right and the right and the part of the Defendant’s vehicle, and caused the damaged person to shock the front part of the Defendant’s vehicle, thereby leading the damaged person to go beyond the workplace.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Busan-gu Busan-gu Busan-gu Busan-do Busan-ro Busan-do-based Busan-do-based Busan-do-based Busan-do-based Busan-do-based-based-based-based-based-based-based-based-based-based-based-based-based-

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes concerning postmortem records;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area of Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of recommended punishment] is against the mitigation area (4-1 year) [the person with special mitigation] [including efforts to recover damage] the sentence, there is no record of punishment exceeding the fine due to the same kind of crime, the victim's bereaved family members and the defendant's identity.

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