(영문) 부산지방법원 서부지원 2018.07.20 2018고단535

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(영문) 부산지방법원 서부지원 2018.07.20 2018고단535

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for eight 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 the duty to drive a Grand Co., Ltd.

On February 8, 2018, the Defendant driven the above van around 21:00 and proceeded with the two-lanes of the Hancheon-dong, Busan, with the two-lanes of the Hancheon-dong, Seocheon-gu, Busan, with the two-lanes of the Hancheon-do.

At this point, bus stops and crosswalks are installed and are designated as children protection zones, and in this case, the driver of the motor vehicle has the duty of care to prevent accidents in advance by reducing speed and by properly examining the left and right of the road.

Nevertheless, the Defendant neglected to do so and neglected to do so on the front side by taking the victim D (71) with the right headlights of the above van in the same direction in the same direction.

Ultimately, around February 10, 2018, the Defendant died of the victim due to the above negligence at the Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A screen of CCTV images of neighboring commercial buildings;

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 order [the scope of sentencing guidelines] - In the mitigated area of the two types of general traffic accidents (the occurrence of traffic accidents between April and one year), - In the case of the victim's negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the decision of sentence]. The result of the death of the victim was significant, and the defendant was prior to a two-time fine due to drinking driving, the defendant shall be selected to be sentenced to imprisonment in consideration of the fact that the victim was sentenced to a two-time fine due to drinking driving, and the roadway of the road that is separated from the roadway

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