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(영문) 부산지방법원 2017.07.07 2017고단2598
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duties of driving a k5 taxi.

On April 22, 2017, the Defendant, around 03:28, driven a four-lane road in front of the business office of the Busan Bank's annual system located in the Busan Metropolitan City, Seosan-dong, according to the said one-lane road from the office of the Busan Metropolitan City to the intersection of Busan Metropolitan City.

Since the above road is 60 kilometers per hour at a speed of 60 kilometers, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to properly observe the speed of restriction, properly look at the right and the right and the right, and properly manipulate the steering and the system of the motor vehicle so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went beyond the floor by driving the said taxi on a speed of about 102 kilometers per hour over a speed of about 42 kilometers per hour and driving it on the right side from the bed left side of the bed while getting the victim E who crossed the said road on the right side.

As a result, the Defendant caused the death of the victim due to serious brain damage caused by a pelvis, if he/she knows the victim at the medical center in the Dong-ro 62, Busan-gu, Busan-gu, Busan-do, 04:33, the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Reporting of a traffic accident (1) (2);

1. A death certificate;

1. Application of the Acts and subordinate statutes of subparagraph (D) to printed out of the vehicle operation record system;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Although Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as the following favorable circumstances) of the Criminal Act provides that the liability for a crime may be mitigated by causing the death of the victim due to the negligence of the defendant on the grounds of sentencing, the fact that the fault of the victim was recognized and reflected, that the occurrence of the accident in this case contributed significantly to the occurrence of the accident in this case, that the victim's bereaved family members do not want the punishment by agreement with the victim, that there is no history of criminal punishment exceeding the fine after April 1974, and that

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