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(영문) 부산지방법원 동부지원 2016.10.17 2016고단1371
교통사고처리특례법위반(치사)
Text

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

However, 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

Around 03:40 on April 20, 2016, the Defendant driven DSM5 car and got to turn to the left on the edge of the above Public Security Center by multiplying the intersection in front of the "Seo-gu Public Security Center" located in 17, south-gu, Busan, by the intersection.

At the time, the location is night and without distinction between delivery and vehicular road, so in this case, there was a duty of care to prevent accidents in advance by driving safely with due care for pedestrians' appearance, etc.

Nevertheless, the Defendant neglected to do so and found the victim E (the age of 39) who was walking ahead of the vehicle at a late time, and went beyond the floor by being set up with the front part of the said vehicle, and served as the front wheels of the said vehicle.

Ultimately, around 06:35 on May 18, 2016, the Defendant caused the death of the victim by the occupational negligence, such as “damage to the diversity of the head and the body part of the body,” while receiving treatment at the patient room located in the 605 Busan Jin-gu center.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A written statement on the occurrence of G traffic accidents;

1. The actual survey report on each traffic accident;

1. Photographs of the accident site;

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 and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant's responsibility for sentencing under Article 62-2 of the Social Service Order Criminal Act is one of the reasons for sentencing, the defendant is led to confession, the victim's bereaved family members do not want the defendant's punishment, the victim's bereaved family members do not want the defendant's punishment, except once a fine is imposed, the vehicle is covered by a comprehensive insurance, the defendant's age, occupation, family relation, etc.

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