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(영문) 부산지방법원 동부지원 2017.08.23 2017고단1202
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2017, the Defendant is a driver of the car in the Switzerland, and operated the car at around 20:15 on March 31, 2017, and operated the right-hand turn to the left-hand turn on the apartment parking lot at the right-hand side of the high village of 16, the 44th high village, which is located at the right-hand side of the iron-line of the city in Busan.

At the time, there is a night and where the passage through the entrance of the apartment complex is frequent, so a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving by safely reporting whether there is a pedestrian who is going to check the front door and the left and right well.

Nevertheless, the Defendant neglected to do so, caused the death of the victim C(66) who was seated at the entrance of an apartment, due to the Defendant’s driver’s negligence, by taking the victim C(66) in front of the left-hand side of the Defendant’s car, and continued to set the victim’s body and head part over the front left-hand side of the vehicle, resulting in the victim’s death due to the damage of a diversified plepy in the relevant place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident site investigation report, a death report, a body inspection report, a photograph, an investigation report (in relation to attaching on-site photographs), an investigation report (in relation to attaching on-site photographs), and an investigation report (in relation to b

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, where the crime of this case causes traffic accidents and causes the death of the victim.

However, the mistake of the victim who caused the traffic accident seems to have contributed to the occurrence of the traffic accident in this case by recognizing the facts charged by the defendant, and the defendant's bereaved family members.

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