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(영문) 부산지방법원 2016.06.15 2015고단6734
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 C-Scar.

On August 21, 2015, at around 22:27, the Defendant, at the Busan Gangseo-gu Busan Metropolitan Government D, proceeded with a road in front of the “E cafeteria” located in the Gangseo-gu Busan Metropolitan Government D, at approximately 60km per hour depending on the first three-lane of the erogate of the erogate of the erogate in the green bank.

In this case, a person engaged in driving service has a duty of care to safely drive and accurately manipulate the operation and steering gear in a way that well sees the right and the right and the right and the right and the right and duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F (41) in the right side from the Madern left side by negligence, and instead did not discover the victim F (41) and received the body of the said victim from the front side of the said car and transferred it to the Busan University Hospital, and caused the death of the said victim by a multi-level multi-time multi-child model around August 23, 2015 during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

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

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. Selection of a credit cooperative without prison labor for punishment;

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

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

1. Where there is a substantial negligence on the occurrence of traffic accidents or expansion of damage to the victim, even though the victim is a victim of the Class 2 (Death or Injury caused by Traffic Accidents in April or October) area (special mitigation) of the sentencing guidelines;

2. Sentence the same sentence as the order shall be imposed, in consideration of the fact that a sentence is determined and sentenced, a certain amount of money is deposited, a crime is recognized and reflected, the circumstances of the accident, the degree of negligence of the accused, etc.;

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