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(영문) 부산지방법원 동부지원 2019.10.02 2019고단483
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for 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 B 21 ton wing Franchis.

On February 28, 2019, the Defendant driven the above cargo vehicle around 08:35, and turned the two-lane road in front of the seven-lane located in the Southern-dong, Nam-gu, Busan, to the right right-hand of about 10km from the east 3-distance to the east 10km away from the east west.

In such cases, the driver of the vehicle has a duty of care to check the right and the right and the right of the front and the right of the right and the right of the front and the right of the right of the right and the right of the right

Nevertheless, the defendant neglected this and led the victim C(74 years of age)'s bicycle driving on the right side of the right side of the vehicle of the defendant, and led the victim's body flow going beyond the road to the right side of the vehicle of the defendant.

Ultimately, at around 09:27 of the same day, the Defendant caused the victim to die due to the high level of two parts and chest damage in the emergency room of the Busan University Hospital located in the Seo-gu Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to photographs of victims of accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Scope of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] causing death of traffic accident (special-speed person]: Reduction area of punishment not (the scope of recommendation and recommendation), reduction area, reduction area of punishment not (the scope of recommendation area and recommendation area), April through one year;

3. Determination of sentence: Eight months of imprisonment without prison labor; and

4. The reason for sentencing was that the victim died due to the instant traffic accident.

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