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(영문) 부산지방법원 서부지원 2018.06.08 2017고단2054
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 a fixed-ton cargo vehicle C1 ton.

On October 17, 2017, around 19:05, the Defendant moved back from the front parking lot of " Samsung T&T" located in " Samsung T&T," the 14-Rale entrance entrance and exit from the 14-rale entrance and exit.

At night, there were no street lights at the time, and the parking lot was used as a pedestrian passage and there were many pedestrians, so the driver of the vehicle has a duty of care to prevent the occurrence of accidents by checking whether there is a pedestrian who is living well behind the vehicle, or who is travelling through an assistant, or giving warning to the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (1) (3) who was going behind the cargo in question due to the negligence that was left behind without any measure, and did not discover the victim D (1) and followed the victim's head and chest part with the right wheel part of the said cargo.

Ultimately, around 20:50 on the same day, the Defendant caused the death of the victim due to the above occupational negligence, which was sent to the Busan National University Hospital Emergency Medical Center in Seo-gu, Busan, Seo-gu, Busan, and was under medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on the actual condition, a photograph of a witness's fluore fluor and a photograph related to the accident;

1. Application of Acts and subordinate statutes of a death certificate;

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;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 2 (Death or Injury of Traffic Accidents) (from April to one year) of the mitigation area (special mitigation factors) of the mitigation area is not subject to punishment, within the scope of the punishment recommended according to the sentencing guidelines;

2. Determination of sentence: The age is the instant crime.

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