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(영문) 부산지방법원서부지원 2020.12.18 2020고단1642
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that 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 of a cargo vehicle of Class B and Class III.

On May 6, 2020, at around 12:35, the Defendant left the front of the D Hospital located in Busan Northern-gu C, Busan, to turn to the left from the eelbur.

A driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle should take into account the situation of the front, left and right-hand traffic well and accurately manipulate the steering and brakes so as to prevent accidents from occurring.

Nevertheless, the defendant neglected to turn to the right at the front of the cargo and received the front part of the G Two-wheeled Motor Vehicle driving by the victim F (F, South, 26 years old) who was directly driven by the victim F (F, South, and 26 years old).

Ultimately, the Defendant caused the victim to die due to the Dacul damage by the above negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to postmortem dogs, such as a legal statement, traffic accident report, field photograph, closure photograph, etc. of the defendant;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. Determination of sentence: Determination of sentence of imprisonment without prison labor for six months and suspension of the execution of two years as a result of the instant crime, which resulted in the death of a victim, so the defendant's responsibility is not less severe;

However, the defendant recognizes and reflects the crime, and the bereaved family members of the victim agree with the victim's bereaved family members (at least KRW 100 million).

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