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(영문) 서울북부지방법원 2016.09.01 2016고단2313

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

The Defendant is a person who is engaged in the operation of Lone Star Cargo Vehicles B.

On January 7, 2016, the Defendant driven the above cargo vehicle at a speed of 12:45, while driving two lanes in front of Dongdaemun-gu Seoul Metropolitan Government C from the direction of the amamo-distance to the direction of the amo-distance.

In such cases, the defendant engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to ensure that the driver has a duty of care to make safe and safe driving of the

Nevertheless, the Defendant neglected to do so and neglected to do so, and discovered the road to the right side from the left side of the Defendant to the right side of the Defendant, and immediately d(n,76 years of age) and sprinked the road, but the Defendant was faced with the front part of the Defendant’s vehicle without stopping.

Ultimately, the Defendant caused the victim's death by occupational negligence at around 15:48 on the same day while receiving an external surgery from the emergency room of the Korea National Institute of Health Hospital in Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

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 (Selection of Depository Punishment)

1. The scope of recommendation and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62(1) of the Criminal Act, the defendant has no same criminal records, the occurrence of the accident in this case has also acted as the fault of the victim who illegally crossed the road without permission, and the victim side by agreement with the bereaved family members of the victim.