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(영문) 부산지방법원 서부지원 2018.03.22 2017고단1761
교통사고처리특례법위반(치사)
Text

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

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 engaging in driving a car known to B.

On October 12, 2017, the Defendant driven the above vehicle around 23:24, and proceeded at a speed of about 60km from the side of the Ministry of Agricultural Products and the Si/Gun/Gu at a speed of about 50km in speed from the lower side of the 4-lane, as the direction adjacent to D gas station located in Busan Seo-gu C.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle in a safe manner by properly manipulating the steering gear, brake system, etc., and to prevent accidents.

Nevertheless, the defendant neglected this and got the victim E (M, 76 years old) who dried up a road due to negligence in the course of the road.

Ultimately, the Defendant caused the death of the victim due to the cerebral cerebral cerebral injury at the East Asia University Hospital located in 26, Seo-gu, Busan, Seo-gu, Busan, on October 13, 2017, where 00:34 was being treated after the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of sentencing guidelines] - The mitigated area of Class 2 of the ordinary traffic accident (the occurrence of traffic accidents between April and one year) - The victim is not subject to punishment (the decision of sentence] in the event that there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even for the victim. Although the result is very important, the victim's negligence, who unauthorized crossing the unclaimed area at night, is considerably significant, the victim's bereaved family members and the original agreement, the defendant's age, sexual behavior, environment, and the other defendant's age, sexual behavior, and environment.

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