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(영문) 부산지방법원 동부지원 2021.02.16 2020고단2720
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

The defendant is a person who is engaged in driving a vehicle B with low investment.

On September 27, 2020, at around 03:12, the Defendant driven the said car on the front of the four-lane of the Jeon River Station located in Busan High-gu, Busan High-dong, and led to the Defendant to drive the said car along one-lane, excluding the exclusive lane for central buses, from the Tri-distance Road from the Tri-gu to the intersection of the Tri-gu, Seoul High-speed Road to the intersection of the intersection.

At the time, the above road was in the night and the passage of the vehicle was frequent, so in such a case, there was a duty of care to prevent accidents in advance by maintaining the speed limit as a person engaged in driving a motor vehicle, properly operating the steering wheel and the right and the right and the right and the right and the right and the right and the right of the motor vehicle, and operating the steering wheel and

Nevertheless, the Defendant neglected to do so and neglected to operate 50km from h to 20km on the right side of the vehicle and did not discover the victim C(60) who without permission crossed on the crosswalk of the pedestrian stop on the right side of the road due to the negligence of operating approximately 75km/h to 20km on the right side of the vehicle.

Ultimately, around October 13, 2020, the Defendant caused the victim to die due to the above occupational negligence by the Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) (2) The application of Acts and subordinate statutes to each investigation report (based on speed calculation and death diagnosis) on the scene of a traffic accident, such as a fact-finding report, a photograph, such as a scene of an accident, a photograph of each image photograph, and on-site

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. The degree of negligence of the defendant is the reason for sentencing Article 62-2 of the Criminal Act, such as the defendant's excessive driving in excess of the speed of restriction.

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