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(영문) 의정부지방법원 고양지원 2017.03.24 2017고단222
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the bus B.

On December 13, 2016, the Defendant driven the above vans around 21:13 on December 13, 2016, and moved to the direction of the parking zone at the entrance of the D's entrance located in Seo-gu, Seoyang-gu, Busan.

In such cases, the driver has a duty of care to prevent accidents by properly operating the steering gear and steering the steering gear well and accurately.

Nevertheless, the Defendant neglected this and got the victim E (51) who was coming to the right from the left side of the direction of the proceeding by negligence, which was going to the right, without examining the right and the right, as the front corner of the first knife of the knife.

Ultimately, around December 15, 2016, around 21:55, the Defendant caused the death of the victim due to cerebrovassis at the Gansan Hospital, the 170-ro, Seoyang-gu, Seoyangsan-ro, Seoyang-ro, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes governing field vehicle photographs;

1. Relevant legal provisions concerning criminal facts and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

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. Application of the sentencing criteria;

(a) Determination of types: Traffic crimes, general traffic accidents, and two types (Death or injury of a traffic accident);

(b) Special sentencing factors: mitigation factors - Ineligible for punishment

(c) Scope of recommending punishment: Reduction area, four months to one year;

3. Determination of sentence: The gravity of the death of a victim by negligence of a defendant's breach of duty of care has occurred, such as the violation of ten months of imprisonment without prison labor, two years of suspended execution (or three years of favorable circumstances), the agreement with the bereaved family members of the victim, and the fact that there has been no criminal punishment after 202;

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