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(영문) 부산지방법원 2016.10.13 2016고단4575
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On July 2, 2016, the Defendant driven the above cargo vehicle on July 10, 2016, and led the front road of the Busan East-gu Hot Spring-do, Busan to the 48-lane from the northwest-do.

At the same time, in such a case, the driver had a duty of care to see the direction of the operation to the person engaged in driving service, and to operate the steering gear accurately and safely.

Nevertheless, the Defendant neglected this and received the victim C (the age of 86) who was walking in the same direction as the subsequent part of the cargo vehicle as the subsequent part of the cargo vehicle, and served as the back wheels of the cargo vehicle with the direction of the victim.

As a result, the Defendant caused the victim to die due to the above occupational negligence on July 14, 2016 due to pressure on brain cerebral cerebral cerebral cerebral cerebral in Busan-gu Welfare around July 14, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (1) and investigation reports (on-site investigations);

1. A death certificate;

1. Application of accident site photographs and Acts and subordinate statutes governing vehicle photographs;

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;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents), the area of mitigation (4-1 year) [Special Mitigation] [including efforts to recover from traffic accidents], the area of punishment not (including serious efforts to recover damage], the bereaved family members and the bereaved family members and the bereaved family members have agreed smoothly, the defendant is the primary offender, and the defendant is against each other.

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