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(영문) 부산지방법원 2018.03.26 2017고단6163
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a CA car.

On September 26, 2017, the Defendant driven the car C car at the above C car on September 26, 2017, and proceeded at a speed of about 15 to 20 km at the speed of about 15-20 km for the road without the front line C car at the Busan Young-do, the Defendant turned to the left at the seat of the 4 Young-do church.

There is a blind spot in the case of left-hand turn due to a sudden malfunction, and there is a place where a low-class house shows the residents, so there was a duty of care to reduce the speed and to prevent accidents by driving safely and safely.

Nevertheless, the defendant neglected this and did not discover the victim D(W, 81 years old) who passed the left due to negligence, and did not get the victim D(W, 81 years old), and the above coin as the front part of CA car, which the defendant driven, was turned to the ground, and went to the right wheel, and the victim was set to the right wheel.

Ultimately, around September 28, 2017, the Defendant caused the death of the victim at the Busan University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, on September 28, 2017 due to the foregoing occupational negligence, such as low blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, a traffic accident situation report, a photograph of the scene of the accident, photograph of the defense contractor, and death diagnosis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 20

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (4 to 1 year) (including special mitigation persons) and non-execution of punishment (including serious efforts to recover damage);

2. The decision of sentence shall prevent the defendant from being sentenced.

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