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(영문) 부산지방법원 2016.07.14 2016고단1693
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K3 vehicles.

On December 30, 2015, the Defendant driven the above vehicle on December 30, 2015, and driven the “water-only entrance” road located in the 5777-ro, Yellow-gu, Busan Metropolitan City, Seosan-gu, with one-lane 80km each hour, depending on the yellow-do construction site from the Yellow-gu.

The above place is installed on the front side, and the driver of the vehicle has a duty of care to prevent accidents by thoroughly manipulating the front door and the left door door and the left door door door, and by accurately manipulating the steering and brake system.

Nevertheless, the defendant neglected to do so, and caused the front wall of the above vehicle by negligence.

Ultimately, the Defendant caused the death of the victim C (23 ) who was on board the rear seat of the above vehicle due to the shock by his negligence on the part of the above business, and was transferred to the welfare hospital in Busan-gu, Busan-do, Busan-do, to the Busan-do, Busan-do, which was 75, and was receiving medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and a traffic accident occurrence report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents), the mitigation area (4 to 10 months) [Special mitigated Persons] Punishment Non-Preparation (including efforts to recover damage), the defendant is the first offender, and the victim and his/her bereaved family members have agreed smoothly with the victim.

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