logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.05.16 2019고단335
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2018, at around 06:35, the Defendant: (a) driven a kystex driver; (b) caused the death of the victim G (the age of 66) walking the road from the front side of the said kyst line to the F apartment by neglecting the duty of the front side of the D, which is located in Busan F apartment Zone C, by neglecting the duty of the front side to the left side of the F apartment; and (c) caused the death of the victim due to damage to the two parts, etc. on the left side of the said kyst line.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Written opinion of autopsy, written result of autopsy, and written certificate of autopsy;

1. The actual investigation report on traffic accidents and the written statement of traffic accidents;

1. The application of Acts and subordinate statutes to a report on investigation (in the event of an accident, attaching a photograph of the scene and the vehicle under consideration at the time of the accident), a report on internal investigation (in the event of an accident, a report on internal investigation (in the case of a mobile phone call of a suspect), a report on investigation (in the case of an investigation of the accident site verification), a report on investigation (in the case of a driver’s statement of a village bus), a report on investigation (in the case of a second verification of the accident site), a report on investigation (in the case of a second verification of the accident site), a report on the closure of the CCTV image and a CD photograph), a report on investigation (in the case of a report on 119 reporter), a report on investigation (in the case of a second attachment

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The basic area (eight to two months) (two years) of the sentencing guidelines for general traffic accidents (the scope of recommendation) shall not be applied;

2. The fact that the defendant, who was sentenced to sentence, could have prevented the occurrence of the death if he had paid more attention to the victim before his station was over and after the first shock of the victim, is likely to have caused the death, and that he was able to return to the accident in this case.

arrow