(영문) 부산지방법원 2018.11.08 2018고단3171

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(영문) 부산지방법원 2018.11.08 2018고단3171

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a C-si.

On June 28, 2018, at around 05:05, the Defendant was in front of the Masanbu and the Masanbu located in Busan So-gu, Busan, and had the victim F (74) who crosses the road to the right side at a speed of 69 kilometers per hour over a speed of 20 kilometers or more per hour without referring to the right side.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence due to the damage of the body part and the body part in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report, an accident site photograph, and an accident vehicle image output;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant Acts 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act / [the scope of recommended punishment] / the mitigation area (4 months to 1 year) / [the special mitigation person] / the non-execution of punishment (including a serious effort to recover damage] / The decision of sentence / but the victim seems to have occurred in the course of crossing the road in violation of the signal.

A taxi mutual aid association is affiliated, the victim's bereaved family members do not want the punishment of the defendant by mutual consent from the defendant, there is no special criminal history against the defendant, and the defendant shows the attitude to recognize and reflect the fact of the crime, and other circumstances, such as the circumstances, means and methods of the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct and environment, etc., and the conditions for sentencing prescribed in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, shall

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