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(영문) 부산지방법원 2020.11.27 2020고단4337
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On June 3, 2020, the defendant driven the above vehicle at around 16:45, and proceeded to turn to the left one way among the three-lanes of the e apartment gate, the distance intersection in front of the D network-undong point in Busan, Suwon-gu C. The defendant turned to the left one way among the two-lanes of the e apartment gate.

On the other hand, the crosswalk has been installed, so in such a case, there was a duty of care to check whether a person engaged in driving service gets on the front right right and the right right, and to safely drive the crosswalk.

Nevertheless, the Defendant failed to discover the victim F (the age of 83) who was crossing the above crosswalk due to negligence, and caused the victim to go beyond the victim by shocking the part in front of the above vehicle.

Ultimately, around 09:15 on September 11, 2020, the Defendant caused the victim's death by occupational negligence, resulting in the victim's death by probane probane in the H Hospital located in Busan Shipping Daegu G.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, traffic accident report and death diagnosis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The sentence as ordered shall be determined by taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the fact that the victim’s bereaved family members have agreed with the victim; (c) the defendant was the primary offender; and (d) the defendant’s age, character and conduct, environment, circumstances after committing the crime; and (d) the

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