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(영문) 부산지방법원 서부지원 2018.05.16 2017고단1986 (1)
교통사고처리특례법위반(치사)등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a 1 ton or higher cargo vehicle.

On September 15, 2017, the defendant, around 05:10 on September 15, 2017, tried to proceed two lanes from the right side to the Kim Sea among the two-lanes of Songsan-ro, 125 roads in Gangseo-gu, Busan Metropolitan City.

Since a signal, etc. was installed, the driver of the motor vehicle had a duty of care to live well on the right and the right of the driver of the motor vehicle, and to prevent accidents by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant has left to the left at the opposite direction due to the negligence of the yellow flag.

A Driving’s C 38 tons of dump trucks and then received G UNIVIVIVERE bus for the victim F (35 years old).

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim F, such as dump, etc., in need of approximately three weeks of treatment. At the same time, the Defendant caused the death of the victim H (V, 59 years of age) who was on the top of the cargo wing and on September 15, 2017, which was on board the said wing and cargo wing and on September 15, 2017.

Summary of Evidence

1. Each legal statement of the defendant and the joint defendant A

1. Reports on traffic accidents, on-site photographs, and reports on investigation;

1. Application of Acts and subordinate statutes to each medical certificate and corpse death certificate;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. The crime of this case with the reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence is a traffic accident due to the defendant's entry into the intersection, and the crime of this case is disadvantageous in light of the results of the traffic accident of this case, etc., and the defendant recognized that the crime of this case is committed in depth, and the mistake is divided.

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