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(영문) 부산지방법원 2016.01.12 2015고단6873
교통사고처리특례법위반
Text

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

However, 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 of CYF small-scale taxi vehicles.

On April 13, 2015, the Defendant driven the above vehicle on April 13, 2015, and led the two-lanes from the front direction to the front direction of the E point of convenience in Busan Island D, along the two-lanes from the front direction to the front direction.

At the time, there was a duty of care to drive safely by checking the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and did not find the victim F (the age 42) who was standing a road on the right side from the left side of the defendant's proceeding direction by negligence, and received the victim from the front side of the vehicle operated by the defendant.

Ultimately, the Defendant caused the death of a victim who was receiving treatment at the East-gu University Hospital located in Busan, Seo-gu, Busan, on April 17, 2015, by his occupational negligence, from a low blood pressure shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. 교통사고 보고⑴⑵ 법령의 적용

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. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection of the defendant, agreement with the victim's bereaved family members, degree of negligence of the victim, and the fact that there is no criminal record enough to

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] The general traffic accident area of Type 2 (Death of Traffic Accidents) (2-10 months to 2-10 months) (including special mitigation persons] where a victim has been negligent due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts that have been seriously made to recover damage);

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