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(영문) 부산지방법원 2020.07.22 2020고단2118
교통사고처리특례법위반(치사)
Text

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

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 December 18, 2019, the Defendant, who is engaged in driving vehicle B, 7.4 tons of food collection vehicles, was driving the above vehicle at around 02:08, while driving the three-lanes on the roads adjacent to the Busan East-gu C building at a non-speed speed, and led the vehicle bypass.

In this case, the driver has a duty of care to safely make a right-hand by checking the situation of front, rear and right-hand traffic while driving along the right-hand side of the road in advance.

Nevertheless, the Defendant neglected to do so and neglected to follow the vehicle on the three-lanes of the above road as it was driven by the victim D(ETS125-S) who changed the said vehicle to four-lanes. The front part of the “EGTS125-S”, which is driven by the victim D(ETS125-S), was driven by the victim, who changed the said vehicle to the four-lanes.

As a result, the Defendant caused the death of the victim by occupational negligence as “defensive and chest damage” at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. The application of the Acts and subordinate statutes to photographs by capturing CCTV images as a result of the analysis of traffic accident reports, each car occasion, body autopsy report, body autopsy report, body photograph, vehicle photograph, accident vehicle photograph, and analysis of traffic accident, and the application of CCTV image images to such Acts

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. The decision of sentence is seriously against the defendant, the full agreement with the victim's bereaved family members, the absence of the same penal power, and other factors such as the defendant's age, character and conduct, environment, and circumstances after the crime.

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