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(영문) 부산지방법원 동부지원 2015.10.20 2015고단1485
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On April 3, 2015, the Defendant, who is engaged in driving a BMW 528i car, was driving the said car on April 12:57, 2015 and tried to turn to the left at an irregular speed from the direction of the retransmitting elementary school to the direction of the retransmittinging place in the direction of the retransmittinging place.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by putting the front door and accurately manipulating the steering and steering devices.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and brakes, and went directly at a speed of about 80 km in speed instead of the dong pedal, and received the victim E (57 years old) who was in front of the Defendant’s moving direction due to the front-down of the said vehicle’s driving speed, and subsequently re-enters the outer walls of the F-building in Busan, Busan, Busan, the said vehicle that was in progress, and caused the victim E to die due to damage to the two parts and body of the G Hospital located in Busan, Daegu, Busan, the Maritime Transportation Daegu, around 14:20 on April 3, 2015. At around 16:02, the Defendant and the victim H were in front of the instant vehicle’s driving speed at the Busan, Busan, Busan, the Defendant and the victim Hah had the victim Hah at the cost of the cerebral brain death at the cost of the cerebral brain death.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident occurrence report, and an on-site map;

1. A written autopsy report, a death diagnosis report, and a written result of each autopsy;

1. The application of Acts and subordinate statutes of a written request for appraisal, a review report and an appraisal report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) and the age, character and conduct, environment of the defendant, and the defendant.

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