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(영문) 부산지방법원 서부지원 2018.07.13 2018고단367
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a Category 1 ton truck.

On November 15, 2017, the Defendant driven the above car at around 15:00, and proceeded one-lane, among the two-lanes in the two-lanes in the north-gu Office of North Korea located in the north-gu Office of Busan.

A person engaged in driving service has a duty of care to ensure safe operation by accurately operating, steering, and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and by negligence, got the victim D(77) who crossed the above road to the right side from the left side of the road to the right side of the truck of the Defendant driving.

around 17:50 on November 16, 2017 due to the above occupational negligence, the Defendant caused the death of the Defendant, at the Busan-gu Busan-do Busan-ro Busan-ro Busan-ro Hospital, which was located in 75, with pressure on brain by brain cerebral brain.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of sentencing guidelines] - The mitigated area of Class 2 of the general traffic accident (the occurrence of traffic accident between April and one year) - The victim is not subject to punishment (the decision of sentence] in the event that there is considerable negligence in the occurrence of traffic accident or the expansion of damage even for the victim. However, although the result is significant, the defendant does not have gross negligence under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the victim's negligence by driving a road along a bicycle falling under "motor vehicle" under the Road Traffic Act is significant, the victim's age, sex, environment, and other crimes.

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