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(영문) 부산지방법원 2018.10.02 2018고단3261
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 concrete mixture truck.

On February 12, 2018, the Defendant driven the above truck around 13:10 on February 12, 2018, and moved the two lanes in front of the D in Busan Young-gu C from the industrial road to the Busan Gyeongdo major road.

Since there is an intersection with a signal apparatus installed, the driver of the motor vehicle has a duty of care to live well before and after the left and to prevent the accident by properly operating the steering gear and brakes in advance, but the defendant neglected this in his/her duty of care in the right side of the defendant's proceeding while driving a bicycle on the side of the industry and driving the bicycle on the side of the industry from the Busan Young-gu Cheongdo-dong'SK Oil reservoir without permission, and proceed by negligence in the course of business without discovering the victim E who driven the bicycle without permission and bypassing it. The bicycle drivened by the defendant's bicycle to the right side of the truck operated by him/her and exceeded the victim on the ground.

Ultimately, at around 13:57 on the same day, the Defendant caused the victim’s death by an “low blood transfusion shock” at the emergency room of the Busan University Hospital on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident 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;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In the case where there are two types of general traffic accidents (accidents caused by traffic accidents) in the area of special mitigation (two months to one year) [the victim] is negligent due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage), (including decisions of sentence] agreement with the victim's bereaved family members, and the defendant is against his/her mistake.

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