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(영문) 부산지방법원 서부지원 2017.09.27 2017고단959
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2017, around 04:47, the Defendant driven the B cab at a speed of about 65 km in the speed of 65 km, depending on the two-lanes of speed from the evis-do to the evis-off of the evis-do new wall market, which is located in the 256-ro, Seo-gu, Busan Metropolitan City.

At the time, there is a person driving a motor vehicle prior to sunrise and prior to the market, and in such a case, the person engaged in driving a motor vehicle has a duty of care to keep the front door and the right and the right and the right of the motor vehicle safe driving.

Nevertheless, the defendant did not discover the victim C (77 tax) who illegally crossed the road from the left side of the progress direction of the defendant due to negligence while neglecting this, and did not discover the victim C (77) who driven the road without permission, and shocked into the front part of the above taxi operated by the defendant.

Ultimately, around May 27, 2017, around 02:50 on May 27, 2017, the Defendant caused the victim to die due to the cerebral shock from the Busan University Hospital located in 179, Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Comprehensive traffic accident analysis report;

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 shall be limited to two types of general traffic accidents (Death or Injury caused by a traffic accident) in the area of special mitigation (from February to one year) (including specially mitigated persons) where there is substantial fault on the occurrence of a traffic accident or the expansion of damage caused by a traffic accident, and the victim is not subject to punishment (including serious efforts to recover damage);

2. Determination of sentence of this case shall not be less than the nature of the crime, but shall also be subject to special mitigations and reflects, and shall also be subject to the punishment, taking into account the fact that there is no other penalty power, such as that there is no other penalty.

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