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(영문) 부산지방법원 서부지원 2018.02.06 2017고단1759
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 engaged in driving a motor vehicle B with detached motor vehicles.

On September 29, 2017, around 10:10 on September 29, 2017, the Defendant made the left turn to the left at the right turn from the parallel of the Jacheon National Sports Center, which is located in the 68-ro, Seocheon-gu, Busan, Seocheon-gu, to the right turn to the Gu-dong.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering gear and brake system of the motor vehicle, and to take into account whether there is a person walking on the front side of the motor vehicle and to prevent accidents by driving the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim C (72) who dried up a road to the right side from the left side of the progress direction by negligence, which was going beyond the floor.

Ultimately, the Defendant by occupational negligence caused the death of a victim by blooding out of a traumad prop, and the death of a deadly blag in a high university, which was located in Seocheon-ro 262, Seo-gu, Busan, Seo-gu, Busan, where the victim was under the treatment of transmission after around September 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Relevant photographs and exploosic photographs;

1. A death certificate;

1. Application of accident-related video CD-related 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;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended punishment [the scope of recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of recommended punishment] and the area of mitigation (the occurrence of traffic accidents) (the period from April to one year) [the person subject to special mitigation] punishment not to punish (including serious efforts to recover damage);

2. Although there was a serious result that the defendant's negligence in the decision of sentencing led to the death of the victim, the defendant's mistake and reflects his/her fault, the victim's bereaved family, and the victim's negligence also caused a traffic accident.

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