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(영문) 부산지방법원 2017.02.21 2016고단8093
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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 engaged in Csi driving service.

On December 17, 2015, the Defendant driven the above taxi on or around 06:30 on December 17, 2015, and driven the front road D located in Busan Seo-gu with two lanes in the direction of the Gu subway station in the direction of the fire station in the direction of the city.

A person engaged in driving a motor vehicle has a duty of care to ensure that he/she shall not drive a motor vehicle at a speed or in a manner that causes danger and disability to others according to the road traffic conditions and the structure and performance of his/her motor vehicle by accurately operating steering gear, brakes, and other devices.

Nevertheless, the Defendant neglected this and failed to accurately operate the brake system without accurately examining the right and the right and the right and the right and the right and the right and received the Victim F (W, 51 years old) crossing the road from the left and right side of the running direction of the said taxi as the above taxi.

Ultimately, around 02:35 on July 22, 2016, the Defendant caused the victim to die due to brain damage at the East Asia University Hospital located in Busan Seo-gu Park instead of Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Bluice stuffs images;

1. A death certificate;

1. Application of Acts and subordinate statutes to an investigation report (related to persons between a traffic accident and death of a victim);

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. The reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the suspended sentence under Article 62(1) of the Criminal Act resulted in an accident resulting in the death of the victim due to the defendant's excessive duties and the violation of the duty of care in the front direction, and the victim's bereaved family members did not reach an agreement with the victim. However, the occurrence of the instant accident is recognized and contradictory, the victim's negligence contributed considerably to the occurrence of the instant accident, and the relationship between the accident

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