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(영문) 부산지방법원 동부지원 2018.03.29 2018고단245
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On January 21, 2018, the Defendant driving a body car D with D around 06:35, and driving a two-lane 1 lane in front of the Busan Suwon-gu E, U.S. from the right side of the Suwon-gu, the Defendant caused the death of the victim F (the age of 62) who was driving on the right side from the right side of the course to the right side of the vehicle due to the occupational negligence, such as the speed exceeding 60km at the speed of 75.7km and speed exceeding 60km at the speed of the restriction, and the speed exceeds 75.7km at the speed of the speed of the restriction, and does not look at the surroundings at the right side of the vehicle while driving. On the same day, at around 07:21, the Defendant caused the death of the victim F (the age of 62) who was driving on the right side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes to dead bodies;

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 of the community service order [Sentencing Criteria] - Persons who are subject to special sentencing (the factors of mitigation) - the scope of punishment not to impose punishment (including serious efforts to recover damage) - the scope of mitigation area (the decision of sentence between April and 1 year) - the victim’s bereaved family members have reached an agreement with the victim’s family members, etc., the sentence was determined as per the order.

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