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(영문) 부산지방법원 서부지원 2018.03.15 2017고단1892
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 a period of 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 CK5 cars.

On August 4, 2017, the Defendant driven the above car at around 23:10 and proceeded to the Gupo-dong ecological park at the right angle from the front side of the Dongpo-dong apartment in accordance with the new subparagraph of the left turn to the left turn, while the Defendant was driving the above car at around 23:10,00 and going to the Gupo-dong ecological park along the two-lanes in front of the Eurher apartment in Busan Northern-gu D.

At the time, since the road was at night and at a relatively narrow place, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear while living well on the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and passed over the floor by shocking the victim F (26 tax) who was a victim who dried a bicycle on the right side from the left side of the running direction of the defendant.

As a result, the Defendant caused the death of the victim due to the above occupational negligence at the Busan Busan White Hospital, which was 75, the welfare of Busan Y-gu, Busan Y-gu, where the victim was under treatment after August 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

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 Act of the community service and order to attend lectures [the scope of recommendations according to sentencing guidelines] - Types 2 (Death, etc. by Traffic Accidents) in general traffic accident area (four months to one year) - Special mitigated person: the victim is also at fault due to the occurrence of traffic accident or the expansion of damage, the victim is not subject to punishment [the decision of sentence] in a case where the victim was at fault, which is more than 30 km/h of the limited speed, and the victim died.

However, bicycles at night.

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