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(영문) 부산지방법원 서부지원 2019.07.18 2018고단2804
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 13, 2018, the Defendant driven a 1.2 ton freight vehicle B, B around 12:35, and led to the entry of the four-lanes into the four-lane road at a speed of about 10km at a speed of about 10km from the sloping bank in the front side of D located in Busan Sho-gu C.

In such cases, the driver of the vehicle has the duty of care to confirm whether there is a vehicle that is travelling on the road to enter by checking the front side and the left side of the vehicle, and to maintain the safety distance with the vehicle that is travelling on, and to operate the wheel and the brake accurately and operate it safely.

Nevertheless, the Defendant neglected this and led the victim to death on the road by shocking the front part of the victim G (the 65-year-old driving) driving, which was proceeding on the right side from the left side of the running direction of the Defendant, to the right side of the four-lane road, into the front part of the above cargo vehicle, and allowing the victim to go beyond the road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. A traffic accident report and a traffic accident report report on actual condition investigation report;

1. On-site photographs and CCTV images;

1. Application of the Acts and subordinate statutes to death permiters and photographs;

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person] caused by a traffic accident: Reduction area of punishment (the scope of recommendation area and recommendation area] reduction area, reduction area of punishment, six months to one year;

3. Determination of sentence: Six months of imprisonment without prison labor, and two years of suspended execution (influence circumstances) of the instant crime conflict with the victim while the Defendant was bypassing the vehicle at the intersection.

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