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(영문) 부산지방법원 2018.01.10 2017고단5137
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle.

On August 19, 2017, the Defendant driven the above bicycle around 06:36, and led the two lanes prior to the Busan Bank's happiness welfare point in Busan Dong-dong, Busan Dong-dong, which is located in Busan Dong-dong, to the court's 3-dong-do Do, and the court's Do-do Do-do-do-do-si Do-do-do-si Do-do-do-

Since there is a crosswalk at a front door, there was a duty of care to check whether a person engaged in driving of a bicycle has a way to reduce the speed and to check the front door well, and to prevent the accident in advance by driving the bicycle safely.

Nevertheless, the Defendant neglected to do so and found the victim C (at least 61 years of age) who cross the crosswalk to the right side from the left side of the crosswalk and operated the hand to the left side in order to avoid this. However, the Defendant failed to avoid it and caused the victim's face to go beyond the ground by taking the front part of the bicycle and the front part of the Defendant's neck.

Ultimately, on August 23, 2017, at around 16:00 on August 23, 2017, the Defendant caused the victim’s death with pressure from brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Bribery at the Busan-gu Busan-gu Busan-do Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A criminal investigation report (Confirmation ofCCTV image, etc.);

1. A report on investigation (the death of a victim) and a written diagnosis of death;

1. Application of Acts and subordinate statutes to investigation reports (act, etc. causing accidents);

1. The fact that the victim is negligent in the occurrence of a traffic accident or the expansion of damage, even for the victim of the relevant criminal facts, Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommended punishment] Class 2 (Death, etc. by Traffic Accidents) in the mitigated area (4-1 year).

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