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(영문) 부산지방법원 2016.03.29 2015고단8680
교통사고처리특례법위반
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 engaging in driving a siren car.

On October 7, 2015, the Defendant driven the above vehicle at around 20:05, and had the four-lane road in front of the aviation of the permanent residence of Jung-gu, Busan, along with one-lane from the intersection for permanent residence.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering area and the steering system and accurately.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and neglected to do so, caused the victim C’s blick part of the crosswalk which was the right side from the left side of the Defendant’s moving direction to the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant caused the death of the victim who was receiving treatment at the Busan University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, on October 8, 2015 due to the above occupational negligence due to the low-blood shock by excessive explosion around 01:39.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident in D or E;

1. A survey report on actual conditions, a traffic accident occurrence report, a internal investigation report, and a criminal investigation report;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. Scope of applicable sentences by law: From one month to five years of imprisonment without prison labor;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types of crime: Two types of traffic accidents in general;

B. Determination of the scope of sentence: In a case where the victim was at considerable negligence in the occurrence of a traffic accident or the expansion of damage even in the area of special mitigation (two months to ten months of imprisonment without prison labor), the victim is not subject to punishment (for recovery of damage).

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