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(영문) 부산지방법원 2016.11.10 2016고단4113
교통사고처리특례법위반(치사)
Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On 13:00 on 13:00 on 24:20 on 2016, the Defendant driven the said car, driving the said car, and driving the three-lane road in front of the Seo-gu Busan Seo-gu Office at a speed of about 30km in speed from the intersection to the intersection of the intersection, the Defendant neglected his duty of care to show the front line properly, accurately operate the steering direction and brakes, and prevent the accident from spreading, while neglecting his duty of care to prevent the accident.

On July 10, 2016, around 20:54, the Defendant caused the victim to die due to the following traffic accidents: (a) at the Busan National University Hospital located in Seo-gu, Seo-gu, Seo-gu, Busan to death.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

3. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. - The reason for sentencing [ safe] [the reason for sentencing] [the ground for sentencing] [the scope of recommendation] the type of ordinary traffic accident [the scope of recommendation] 8-2 years [the scope of general person] - the motor vehicle comprehensive insurance policy [the decision of sentence] the defendant's incidental driving, which led to the death of the victim, and the responsibility of the defendant is not somewhat weak.

However, the circumstances and contents of the accident of this case, such as the fact that the defendant vehicle is covered by a comprehensive insurance, the fact that the defendant is against the defendant, the road environment of this case, the victim's side at the time of the accident, and the course of the victim.

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