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(영문) 부산지방법원 2018.01.12 2017고단5862
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with sod motor vehicle of D.

On October 20, 2017, the Defendant driven the above car on October 20, 2011:20, which led to two-lanes in the direction of the new LG apartment in the direction of the new GG apartment in the direction of the reduction of the distance from the opening of the GG in Busan-gu.

Since there is a signal apparatus installed, in this case, a person engaged in driving service has a duty of care to safely operate by accurately manipulating the front door and the right and the right and the right while observing the signal.

Nevertheless, even though the defendant was a stop signal, he had the victim go beyond the road floor because he was driven by the victim E (65) who was at the right time under the new name in the direction of the new LG apartment in the direction of the opening of the new road in the direction of the opening of the road. FCA 110 Oba, which was driven by the victim E (65 oba) in the direction of the opening of the road.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Dong University Hospital, which was located in 26, Seo-gu, Busan, Seo-gu, Busan, on the same day at around 18:00, in lieu of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of traffic accidents in G preparation;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Although Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution causes an accident resulting in the death of a victim by negligence on the grounds of the sentencing of Article 62(1)(a) of the Criminal Act, the liability for the crime is not weak, the fact that the victim's bereaved family members are found to be erroneous, that there is no record of criminal punishment exceeding a fine since 1969, and that there is no other accused's age, sex, environment, and crime.

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