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(영문) 서울서부지방법원 2017.02.09 2016고단3392

교통사고처리특례법위반

Text

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

Around 10:50 on March 18, 2016, the Defendant driven a bicycle of “Saul-gu” and proceeded at the speed of the Si-high speed from the front sidewalk of Yongsan-gu Seoul, Yongsan-gu to the Hannam-do basin from the Hannam-gu, Seoul.

Since there is a place where a sidewalk was installed at the time, there was a duty of care to safely drive a light bicycle by checking whether a person who drives a light bicycle has a duty of care to verify whether he or she passed the sidewalk by checking well the right and the right and the right and the right and the right and the right and the right and the right are, and

Nevertheless, the Defendant neglected this and got the body part of the victim E (79) who passed the place to go beyond the floor by taking the front part of the above bicycle.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as a parosis at the Yongsan-gu Seoul University Hospital, Yongsan-gu, Seoul Special University Hospital, where the victim was treated at around 22:42 on July 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a medical certificate, medical certificate, or death certificate;

1. Relevant Article 3 (1) of the Road Traffic Act, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Types of Determination] Traffic Accident : Death of traffic accident (person with special sentencing) on February 2, 01 general traffic accident group. - Special mitigated person: Special mitigation / [Determination in the sphere of recommendation] Special mitigation / [Determination in the sphere of recommendation] / 10 months from February to October / [Suspension of execution] / Reasons for negative consideration - Victim's death - there are no positive factors such as accident, non-taxation, and no history of criminal punishment - there are no adverse general factors: A positive reason that there is no positive reason that there is no accident, reason for death caused by the operation of a bicycle : Social relation, serious reflection, suspension of execution.