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(영문) 부산지방법원 2016.03.23 2015고단8559
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 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 low-speed car.

On November 17, 2015, the Defendant driven the above car at around 18:45, and proceeded to turn to the left at the right line from the right side to the old elementary school from the right side of the 1st line with the 801-do Do 801-do Do 301-do Do 801-do Do 801.

Since a crosswalk without signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on a way by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and caused the victim to go beyond the road by shocking the front part of the vehicle driving by the defendant on the right side of the victim C (W, 89 years old) with the right side of the crosswalk at the right side of the defendant's proceeding.

Ultimately, the Defendant caused the death of a victim, who was receiving treatment at the E hospital located in the Busan Geum-gu, Busan, due to such occupational negligence, due to damage to the dives of head, etc. on November 17, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes on investigation reports (26 pages of investigation records);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

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;

1. The sentencing criteria [the range of recommended sentences] the range of general traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (the period from April to October) (the period of special mitigation) in the mitigation area (including the serious effort to recover damage);

2. By negligence when the defendant who has rendered the sentence of sentence neglects his duty of presentation at the front time, and turn to the left;

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