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(영문) 부산지방법원 동부지원 2016.12.14 2016고단1993
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2.Provided, That the execution of the above sentence 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 of a Class C and III cargo vehicle.

On September 21, 2016, the Defendant driven the above cargo vehicles around 16:30 on September 21, 2016, which led to the parking of the vehicle on the roads front of the Escir in Busan-gun.

In such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle is a person after the vehicle was well examined, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and caused the victim F (the 74 years of age) who was in the rear of the Defendant’s cargo vehicle due to the negligence of the Defendant, to shocked the victim F (the 74 years of age) with the part behind the Defendant’s driving of the cargo, and led the victim to the wheels of the said cargo vehicle.

Ultimately, at around 17:27 of the same day, the Defendant caused the death of the victim due to the Damop damage to the body part during the transmission of the hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (including the fact that an agreement has been reached with the victim and the defendant's error has been recognized);

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