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(영문) 부산지방법원 서부지원 2018.02.19 2017고단1957
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

Criminal facts

The defendant is a person who is engaged in driving a low-priced car.

On October 14, 2017, the Defendant driving the above vehicle at around 04:31, and driving the two-lane road in front of the public parking lot at the lower end in the lower end of the city of Busan at the lower end at the lower end of the public parking lot at the lower end at the lower end of the city of Pyeongtaek subway Station, with two-lanes at the lower end at the lower end of the two-lane.

At night, there are crosswalks where signal lights are installed at front of the night, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and opened the crosswalk to the right side of the Defendant, and discovered the victim C ( South, the age of 79) who crosses the bed crosswalk from the left side to the right side, and operated the hand to the right side to avoid this. However, the Defendant did not avoid it, and received the above victim from the right side of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Busan National University Hospital around October 14, 2017, such as multi-culptivity, around October 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting of traffic accidents and response to results of traffic accident investigation and analysis;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (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 the selection of imprisonment without prison labor;

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommended sentences on the sentencing criteria: Imprisonment without prison labor for a period of four months to one year (the type of determination) for general traffic accidents (the resulting person in a traffic accident) (the person who is subject to special sentencing): Reduction of punishment: In the area of reduction of punishment (the area of recommendation, the scope of recommendation), reduction of punishment, and credit cooperative.

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