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(영문) 부산지방법원 서부지원 2018.03.08 2017고단1811
교통사고처리특례법위반(치사)
Text

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

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

The Defendant is a person engaging in driving a rocketing car.

On October 8, 2017, the Defendant driven the above vehicle at a speed of about 20km from the side to the main middle school at a speed of about 20km, depending on the one-lane prior to the steering of the Choyang-gu, Busan.

The location is designated as a children protection zone, and there are crosswalks where red flickering lights are installed and signal lights are not installed in the front, so the driver of the vehicle has a duty of care to prevent accidents by temporarily stopping in front of the stop line prior to the passage of the road, to check safety after temporary suspension, to check the speed of the road, to reduce the speed of the road and to ensure the right and the right of the road, and to check the safety of the pedestrian in front of the crosswalk, and to prevent accidents.

Nevertheless, the defendant neglected this and tried to cut the crosswalks over the floor by shocking the victim D(6) by negligence.

Ultimately, the Defendant’s occupational negligence caused the death of the injured party to the two parts of the credit in the Busan-gu Busan-gu Busan-gu Busan-gu Busan-do Hospital, which was the welfare of 75, after around 22:50 on October 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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 [the scope of sentencing guidelines recommended] - Type 2 (Death, etc. by Traffic Accidents) (the period between August and 2) basic area (the period between August and February) - In cases where illegality in the proviso of Article 2(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the period between subparagraph 6 and subparagraph 11).

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