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(영문) 서울중앙지방법원 2016.03.16 2016고단50

교통사고처리특례법위반

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

However, the execution of the above sentence shall be suspended for a period of one year 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 CP car.

On November 4, 2015, the Defendant driven the above car at around 10:15, and moved bypass to 124-2 of the Gangnam-gu Seoul Special Metropolitan City Sejong-dong, 34-gil 124-2 at night at night at a high village of 124-2, Gangnam-gu, Seoul, in order to combine the king-ro from the 618-ro to the king-ro at night.

In such cases, a person engaged in driving service has a duty of care to prevent accidents due to the safe combination of all sides and sides.

Nevertheless, the Defendant was negligent in neglecting the front side and left side si, and the Defendant got out of the front part of the bicycle driven by the victim D (75 cm) of this bicycle driving along four-lanes from the long distance of Seidong to the Sungnam Seoul Airport, Sungnam-gu, Seoul. The lower part of the bicycle driving along the four-lane.

Ultimately, the Defendant caused the victim to die from the above occupational negligence due to the multi-long-term function disorder caused by the two sides of the same day during transmission and treatment to the F Hospital located in Gwangjin-gu Seoul Special Metropolitan City, 21:31 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation into actual conditions and report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to A vehicle photographs, D bicycle photographs, field photographs, and death diagnosis reports;

1. Article 3 (1) of the Act applicable to the facts constituting an offense, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the selection of

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the first crime and the victim's bereaved family members and the bereaved family members are not subject to the punishment of the defendant by mutual consent) or more.