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(영문) 부산지방법원 2014.09.15 2014고단4290
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving B rocketing or a car.

On March 29, 2014, the Defendant driven the above car on March 23:05, and led to the two-lane road in front of the Daegdong-gu, Busan to the direction of the Young-do Office from the Cheongsung Party.

At the time, there was no good view in the front, and thus, a person engaged in driving a motor vehicle has a duty to reduce speed and to safely drive the motor vehicle by properly examining the right and the right of the front.

Nevertheless, the Defendant neglected this and proceeded as it is, while not finding the victim C (the age of 63) crossing the road from the right side of the running direction of the said car to the left side of the road, and received it as the front part of the said car.

Ultimately, around 00:02 on April 13, 2014, the Defendant caused the victim to die with a diverosis caused by the diverosis diverosis, while being treated by Samsung Seoul Hospital located in Gangnam-gu Seoul, Gangnam-gu, Seoul. 81.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on a traffic accident, an accident black image, an accident vehicle, a victim photograph, and a report on initial countermeasures against a traffic accident;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Special Mitigation) [Special Mitigation in April-10] [including efforts to recover damage] [Pronouncement Decision] The occurrence of the instant traffic accident is not negligent by the victim, the defendant has agreed with the victim's bereaved family members, the defendant is against himself/herself, and there are no criminal records other than fines.

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