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(영문) 부산지방법원 2016.05.18 2016고단185
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 service of crowdfunding 250.

On November 13, 2015, at around 01:40, the Defendant proceeded along the intersection in front of the “G pharmacy” located in the Busan East-gu F, Busan-dong, according to one-lane of the three-lanes between the original intersection and the original intersection at the intersection.

Since there is a cross-section with signal apparatus, there was a duty of care for those engaged in driving service to drive safely according to traffic signals.

Nevertheless, the defendant neglected to do so and did not go to the left at the left of the left in accordance with the left turn to the cross-section from the inside of the apartment site with the negligence of duty, euthanasia, and with the left turn.

H Driving’s Igland I, Lone Star Corsch Rexroth driver’s front pentel part of the Defendant’s Obane.

Ultimately, around November 22, 2015, the Defendant caused the death of the son who was on board the Defendant’s offland due to the above occupational negligence by the victim J(21) of the said person, who was receiving medical treatment from the 875 U.S. marine transportation hospital in Busan, Daegu, Busan, for the first time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H, K, and L;

1. A survey report on actual conditions;

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. A sentence of the same punishment as the sentence shall be imposed in consideration of the circumstances, such as the fact that the sentence has been determined and sentenced and agreed with the bereaved family members of the victim, and that the crime is recognized and reflected;

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