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(영문) 부산지방법원 서부지원 2017.12.14 2017고단1285
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of D 24 tons dump cargo vehicles.

On November 17, 2016, the Defendant driven the above vehicle at around 13:20 on November 17, 2016, and proceeded along the fourth-lane in the direction of the lower-lane from the front dong to the front road of the ancient City Agricultural Market Co., Ltd. located in the Dongu of Busan City.

Since the location has an intersection and crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle stops a road by reducing speed and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded with the red signal, disregarding that the vehicle signal was changed to the red signal, and caused the victim E (74) who was crossinged by the crosswalk to shock this bicycle and exceeded the victim.

As a result, the Defendant caused the death of the victim due to the above occupational negligence at the emergency room of the Busan University Hospital located in Seo-gu, Seo-gu, Busan, which was under the treatment of the victim after around 14:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Embling off vehicles, on-site photographs, black stuffs images, etc.;

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

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommended punishment in accordance with the sentencing guidelines] - Type 2 (Death by Traffic Accidents) in the mitigation area (four to one year) - Special mitigated person: a person who is not subject to punishment [decision of sentencing] was sentenced to a suspended sentence for eight months in the imprisonment without prison labor for the defendant to cause any traffic accident in 1981, and a person who is sentenced to a suspended sentence for eight months in the year when he/she was sentenced to a suspended sentence for eight months in the year when he/she caused two persons to die due to a traffic accident, despite the fact that he/she had been sentenced to a imprisonment without prison labor for eight months in the year 201.

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