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(영문) 부산지방법원 서부지원 2017.10.31 2017고단1159
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

On July 24, 2017, the Defendant driving a B Poter Cargo on around 16:30 on July 24, 2017, and driving three lanes in the direction of the flow from the speed of 60km at a speed of about 60km in city.

At the same time, the speed of restriction is 70 kilometers per hour, and at the same time, the speed of speed is less than 100 meters per hour, driving not more than 35 kilometers per hour with a speed of 50/100 of the maximum speed, and driving on the front bank, despite the fact that the speed of speed is not lower than 60 kilometers per hour, and the victim E (the age of 48) walking on the left side from the right side of the foregoing cargo vehicle due to negligence in the course of business, while neglecting the duty of the front bank, led to the victim E (the age of 48) walking on the left side of the road in the direction of progress.

As a result, the Defendant caused the victim to die due to the above occupational negligence on the part of the victim, at around 17:40 on the same day, due to the dystrophal injury from the Japanese University, Busan Magjin-gu, Busan, Busan, Busan, to death.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

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

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

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

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);

2. Although there was a serious result of the death of the victim due to occupational negligence of the defendant in the decision of sentence, the fact that the defendant recognized his/her mistake and reflected his/her mistake, that the vehicle is covered by a comprehensive insurance, that is, the agreement with the bereaved family members of the victim, that social ties is obvious, and that there is a clear social relation.

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