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(영문) 부산지방법원 서부지원 2020.02.05 2019고단2048
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On July 16, 2019, the Defendant, while engaging in driving of BF car (hereinafter “instant vehicle”), was driving the instant vehicle at the lower end distance from the lower end of the road on July 16, 2019, at around 02:43, the Defendant caused the death of the victim E (70 years old), who was standing the instant vehicle, by neglecting to observe the signal to those engaged in driving the vehicle and driving the road on the front end of the road. In such a case, the Defendant caused the death of the victim at the Seo-gu Hospital located in Busan on July 10, 2019, by allowing the victim E (70 years old), who was standing the instant vehicle, to go beyond the upper right part of the instant vehicle, and by allowing the victim to die at the Seo-gu Hospital located in Busan on July 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of the evidence CD-related statute

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

1. Article 62 (1) of the Criminal Act (see, e.g., recognition of and reflect on criminal conduct);

1. In light of the circumstances, etc. that the Defendant had already been showing red light, etc. on the vehicle signal apparatus before approaching the instant crosswalk prior to sentencing under Article 62-2 of the Criminal Act, the degree of fault of the Defendant at the time of the instant crime is very serious, and the result of the instant crime is also very serious, it is necessary to severely punish the Defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant agreed with South and North Korea as the bereaved family of the victim at the investigation stage, and that the defendant's age, character and character, environment, motive for the crime.

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