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(영문) 서울북부지방법원 2013.06.20 2013고단544

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2013, the Defendant driven a third-lane road in front of the Korea Army Academy at Army located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 27-11, and a third-lane car at the Gyeongnam University from the Gyeongnam University to the Gyeongnam University. The Defendant driven a third-lane road in front of the Korea Army Academy at Army located in Seoul Special Metropolitan City.

At the same time, there were nights at the time, and the vision was narrow, so in such cases, there was a duty of care to reduce speed as a person engaged in the driving business and to safely check the front left left well.

Nevertheless, the defendant did not discover the victim C (the age of 54) who was seated on the front side of the road due to negligence and did not discover the victim C (the age of 54) on the front part of the above passenger car, and caused the victim to go beyond the road floor by shocking the right side of the above victim.

On February 2, 2013, the Defendant caused the death of the victim due to the cerebral cerebral ma, etc. while being receiving treatment at the E Hospital located in Seoul Special Metropolitan City, Nowon-gu around February 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (on-site investigation report) (1) (2);

1. Each photograph;

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

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

1. 【Suspension of Execution” Article 62(1) of the Criminal Act 【Aggravated Punishment of the Criminal Act 【Aggravated Punishment of the Criminal Act’ 【Aggravated Punishment of the Criminal Procedure Act’ 【Aggravated Punishment of the Criminal Procedure Act’ : (a) the Defendant was pened in depth, agreed with the bereaved family members; (b) the Defendant was covered by comprehensive insurance; (c) the Defendant was able to get off at the time of