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(영문) 부산지방법원 2017.02.08 2016고단7825
교통사고처리특례법위반(치사)
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 engaging in driving a rash car.

On October 13, 2016, the Defendant driven the above car at around 05:00, and led to the left turn to the public parking lot from the viewpoint of modern history to the public parking lot.

At that place, a crosswalk without a pedestrian signal, was installed with a street, etc., and the pedestrian on the crosswalk was made clear of the surrounding area, and it was easy for the pedestrian to be identified into the crosswalk by suffering from the brightness system, so in such a case, there was a duty of care to safely drive the crosswalk by checking whether a person engaged in driving the vehicle has a duty of care to reduce the speed and to properly examine the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and did not stop on the front side and the left side of the crosswalk and did not stop on the front side of the crosswalk, and did not discover the victim C(73 ) on the above crosswalk, and did not go beyond the road by taking the front side side of the victim's left side part of the above vehicle.

Ultimately, the Defendant had the victim receive medical treatment at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan. On October 23, 2016, at around 06:57, the Defendant caused the death of the victim due to a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, an investigation report (limited to the scene of a traffic accident and vehicle photographs);

1. Application of Acts and subordinate statutes to death certificates;

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. The sentencing criteria shall be based on;

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