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(영문) 부산지방법원 2019.06.11 2019고단1238
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 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 driving a Bsch Rexton car.

On January 18, 2019, the Defendant driven the above car at around 05:33 on January 18, 2019, and led to the driving of the two-lanes in front of the D, which is located in the Geum-gu Seoul Metropolitan Government C, to the direction of the Guwest in the direction of the Nowon-gu.

Since the restricted speed is 60 km per hour, there was a duty of care to prevent accidents in advance by driving a person engaged in driving service in compliance with the vehicle line and the restricted speed.

Nevertheless, the Defendant neglected this and neglected his duty to 32 km a speed exceeding that of the speed of 32 km per hour and received the victim E, who ended without permission, from the left side of the direction of the Defendant’s proceeding, to the right side of the Defendant’s driver’s car.

Ultimately, the Defendant caused the victim to die due to the injury of a diversity by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual traffic accident investigation report and replys on the results of the traffic accident investigation and analysis;

1. Application of Acts and subordinate statutes to death examinations;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: Where the victim has been negligent due to considerable negligence in the occurrence of traffic accident or the expansion of damage, an aggravated element of punishment not to be punished: Where illegality in Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the area of recommendation and the scope of recommendation] mitigation area, April through one year;

2. All sorts of circumstances, such as the fact that the victim agreed with the bereaved family of the victim who was sentenced to the sentence, the fact that there was no history of criminal punishment, and the fact that the victim was crossing the road without permission at the time of the accident, the background and result of the accident, etc.

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