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(영문) 부산지방법원 2016.05.26 2016고단815
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who drives a dump truck.

On December 27, 2015, around 08:45, the Defendant entered a two-lane road at the construction site of F apartment buildings located in Busan Dong-gu, Busan.

In such cases, a person engaged in driving of a motor vehicle shall well live on the front side and the left side, accurately operate steering devices, brakes, and other devices, and shall not drive a motor vehicle at such speed or in such a manner as may cause any danger or impediment to others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim G (78 3) who was getting a bicycle on the right side of the course due to negligence in the course of the business, and did not discover the victim G (78 ) who was going to the left side, and shocked the front part of the bicycle of the above victim with the top part of the dump truck.

Ultimately, around December 27, 2015, the Defendant had the victim of the above occupational negligence caused the death of the victim due to the diversity of the clothes, dubs, and legs at the Busan Shipping Daegu Shipping Daegu Maritime Transport Hospital, 875, which caused the death of the victim due to the diversity of the clothes, dubs, and dubs.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to each investigation report (record 26, 34 pages);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 2 (Death by Traffic Accidents) [the person subject to special mitigation] [including efforts to recover damage], the defendant's decision of sentence was made smoothly with the victim's bereaved family members, reflects the defendant's age, sexual behavior, environment, etc.

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