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(영문) 부산지방법원 서부지원 2018.11.28 2018고단1427
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 who is engaged in driving a fixed-end truck.

On May 12, 2018, the Defendant driven an above truck on around 08:15, and proceeded with three lanes in front of the three-lane of the three-lane apartment distance in the Blue-ro of Busan, Seodong High School, according to the direction of the 23-lane.

At the same time, there was a crosswalk in which signal lights are installed, so there was a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right of the driver of the motor vehicle, and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to perform such duty of care and did not go on the front side and did not change the vehicle driving signal to a stop signal, and due to the negligence of proceeding, the Defendant’s body of the victim E (the age of 61) crossing the crosswalk from the right side of the direction of the Defendant’s vehicle to the left side in accordance with the pedestrian driving signals, was received as the front side of the said truck.

As a result, the Defendant caused the death of the above victim who was receiving treatment at the Busan Busan large Hospital, which was located in the 20-ro of Geumsan-ro in Yangsan-si around 14:00 of the same month due to the above occupational negligence, due to the cerebral cerebral cerebral brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances, etc., for the following reasons);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area of the two types of general traffic accidents (the death of traffic accidents) (the period between August and two years).

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