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(영문) 부산지방법원 서부지원 2018.02.06 2017고단1754
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 a person who is engaged in driving a car at C.

On September 10, 2017, the Defendant driven the above vehicle at around 10:56 on September 7, 2017, and led the road in front of the entrance of the village at the time of bankruptcy to proceed to the direction of the right to the bed.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents by breaking the center line to those engaged in driving of motor vehicles.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by shocking the victim D(83) driving without registration due to negligence, which caused the victim D(83) driving.

Ultimately, the Defendant caused the death of a victim who was under medical treatment at the F Hospital located in Tong-si, Ma on September 16, 2017 due to the above occupational negligence, due to the cerebral cerebral cerebral cerebral e, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs of the accident site and photographs of the deceased;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (verification of video recording of black boxes);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended punishment [the scope of recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of recommended punishment] and the area of mitigation (the occurrence of traffic accidents) (the period from April to one year) [the person subject to special mitigation] punishment not to punish (including serious efforts to recover damage);

2. The occurrence of a serious consequence, i.e., the victim's death, leading the victim to the center line for the determination of sentence.

However, the defendant recognized the crime of this case and opposed to it.

Operating vehicles are covered by comprehensive insurance and agreed with the bereaved family members of the victim.

There is no record of criminal punishment.

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