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(영문) 부산지방법원 2018.04.03 2017고단6466
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 two years 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 new town bus B.

On October 23, 2017, the defendant driving a bus around 19:43, and turned the lane in D in Busan-gu, Busan-gu, Busan-do, into a non-speed.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and steering system and by accurately manipulating the steering and steering system.

Nevertheless, the defendant neglected this and found the victim E (the age of 45) who crosss the above lane from the left-hand side to the right-hand side of the bus, and received the victim from the left-hand side of the bus and made the victim go beyond the ground.

Ultimately, the Defendant’s negligence in the above occupational negligence caused the death of the victim due to pressure on cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Sponsion at G hospitals located in Busan, Busan, which were receiving a post-treatment treatment at around November 23:42, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);

2. Circumstances disadvantageous to the determination of sentence: All conditions of sentencing, such as the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., are against the beginning of the crime, and have agreed smoothly with the bereaved family members;

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