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(영문) 부산지방법원 동부지원 2019.05.15 2019고단172
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string and freight vehicle B.

On December 6, 2018, the defendant driving the above cargo vehicle around 09:46 on December 6, 2018, and let the crossing of the one lane in front of the D real estate located in Busan-gun C, turn to the F from the apartment side of the E apartment.

Since there is no signal, and it is an intersection where traffic is not controlled, there was a duty of care to prevent accidents in advance by checking the right and the right and the right and the right before the left is reduced and the right and the right and the right and the right and the right of the person engaged in driving service is safe and to turn to the left.

Nevertheless, by neglecting this, the victim G (the age of 82) who was walking along from the right side of the cargo vehicle that is driven by the defendant due to the negligence of left-hand turn, has the victim G (the age of 82) who was driving on the left side from the right side of the cargo vehicle go beyond the road, and the victim's body part going beyond the above cargo vehicle was over the road.

Ultimately, the Defendant caused the death of the victim due to the diversity of the head and the body part in the workplace by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report;

1. Each written result of autopsy;

1. Application of field photographs, vehicle photographs, accident site photographs, and Acts and subordinate statutes governing victim photographs;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] causing death of traffic accident (special-speed person]: mitigated factors of punishment (including serious efforts to recover damage): mitigated areas of punishment (including the recommended area and the scope of recommendation).

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