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(영문) 부산지방법원 서부지원 2019.08.22 2019고단812
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 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 B.

On February 11, 2019, the defendant driving the above car at around 05:51 on February 11, 2019, and turned to the left at the right speed from the entrance of the apartment to the entrance of the apartment.

At the time, there was a difficulty in surrounding areas at night. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering system while turning on the headlight in a person engaged in driving a motor vehicle, and taking into account the steering direction.

Nevertheless, the Defendant neglected to turn headlights and neglected to find out the victim D (n, 78 years old) who walked without finding a left-hand turn, caused the victim to go beyond the floor by receiving the victim from the left-hand side of the front-hand part of the said vehicle, and led the victim to go beyond the floor. The Defendant took the head of the victim with the said vehicle.

Ultimately, around 07:03 on the same day, the Defendant caused the victim to die due to the damage of head from the emergency room of the Busan University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports and death check reports;

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;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: The defendant shall be a motor vehicle for the crimes of this case committed by October, suspension of execution of imprisonment without prison labor, two years, community service, 120 hours;

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