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(영문) 부산지방법원 서부지원 2017.05.10 2017고단150
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the operation of a cruise car.

On March 20, 2017, the Defendant driven the above car at around 18:40 on March 20, 2017, and proceeded along the road of three lanes in front of the oil station in Busan, Seo-gu, Busan, along one lane from the lower side to the e-lane.

At the time, it was difficult to take the place around the vehicle due to the fact that the driver was at night, so in such a case, the person engaged in the driver's duty of care to safely check the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not see the way from the right side of the defendant's running on the left side to the left side, and did not discover the victim F(F, 77 years old) who was in the first lane, but was in the front part of the passenger car of the defendant.

Ultimately, around March 20, 2017, around 18:40 on March 20, 2017, the Defendant caused the death of a victim at the Dong University Hospital located in Busan, Seo-gu Park, Seo-gu, Busan, resulting in the death of the victim with a chest and a long-term wave during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Images and black stuffs video materials;

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 Act on the Suspension of Execution [the scope of recommendations given in the sentencing guidelines] - The area where the general traffic accident is mitigated (from April to one year) - The victim is not subject to punishment (the decision of sentence] in the case where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even for the victim, and there is no special person subject to punishment and the defendant's criminal record at all, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc.

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