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(영문) 부산지방법원 2016.09.21 2016고단538
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a KS3 car.

On November 13:35, 2015, the Defendant driven the above car, and turned back the Flaundry housing located in Young-gu, Busan, Young-do, to the side-way, the side-way of which is located in the Flaundry House E, from the Flaund on the side of the Flaundry.

There is a duty of care to reduce speed and prevent accidents in advance by properly examining the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and went beyond the land by neglecting it and neglecting it at the next week, and caused the victim G (74) walking in the direction right behind the said car to go beyond the ground by shocking the victim G (74) who is walking in the direction right behind the car.

Ultimately, around November 20, 2015, the Defendant caused the victim to die with a multiple-long-term care in Busan National University Hospital located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu around November 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I and J;

1. A traffic accident report;

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

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents in the range of Class II (Death or Injury by Traffic Accidents) [the range of months from April to October] mitigation area (including the person who has been specially mitigated), the punishment not to be imposed (including the advanced efforts to recover damage);

2. In this case, the decision of sentence is disadvantageous to the defendant due to a death accident caused by the defendant's neglect of duty of front, rear, and left and left, while the defendant left a house on the back side of the house, etc.

However, the fact that the defendant is a primary offender, the defendant's health is not good by pulmonary cancer operations, etc.

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