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(영문) 부산지방법원 2017.07.21 2017고단2683
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with DKaen E. Banavo.

On 08, 01:50 on 08, 2016, the Defendant driven the above car and proceeded at about 78 km from the direction to the intersection of the city, along the two-lanes from the direction to the direction of the road in the front of the F-Do road in Busan Dong-gu E.

At night, since the low speed of the surface was milched at the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system of the vehicle by reducing the speed and properly manipulating the upper right and the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not go on the front door, and did not go on the right side from the left side of the Defendant's proceeding, and caused the victim G (57) and H (52) of the same victim H (52) to the Defendant's car.

Ultimately, the Defendant’s occupational negligence caused the death of the above H from the Busan National University Hospital located in 179, Seo-gu, Seo-gu, Busan National University Hospital, which was under the transmission treatment at around 07:15 on the same day, due to low blood transfusion shock, etc. on October 23, 2016, which was under the transmission treatment at around 01:30 on the same day, in Busan National University Hospital, which was located in Busan National University Hospital, which was located in 75 on the welfare of the Busan National University, where the above G was under the transmission treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each death certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act for suspended execution [the scope of recommendation] of the general traffic accident class 2 (Death, etc. caused by Traffic Accidents) (the imprisonment without prison labor for not less than 2 months to 1 year) (the special mitigated person] victim is also negligent in the occurrence of traffic accidents or the expansion of damage.

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