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(영문) 부산지방법원 서부지원 2018.08.10 2018고단634
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

Punishment of the crime

The Defendant is a person engaged in Csi driving service.

On January 27, 2018, the Defendant driven the above taxi at a speed of about 78 km from January 27, 2018, and driven the front road D, located in Busan Seo-gu, Busan, at a speed of about 78 km from the intersection to the intersection of the sub-section.

In such cases, a driver of a motor vehicle has a duty of care to accurately operate the steering system of the motor vehicle, and to prevent accidents by reporting the traffic situation well and safely driving the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by leading the bicycle to the right side from the left side of the running direction of the defendant, leading the bicycle to the right side of the victim F (70 cm) without permission, due to the negligence of neglecting it.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Busan, on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (1) (1)

1. On-site photographs of the accident, taxi booms video CDs;

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

1. The range of punishment to be recommended on the sentencing guidelines shall be limited to the range of general traffic accidents of Class 2 (Death or Injury by Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation) (special mitigation) where there is substantial negligence on the occurrence of traffic accidents or the expansion of damage to the victim, the victim is not subject to punishment (including efforts to recover damage);

2. An unfavorable circumstance, such as the death of the victim due to the instant crime of which sentence was determined, the result thereof was very serious, and the Defendant committed the instant crime.

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