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(영문) 의정부지방법원 2016.10.14 2016고단2287

교통사고처리특례법위반

Text

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

However, 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 driving a e-car in a e-car.

On March 7, 2016, the Defendant driven the above vans around 21:20 on March 7, 2016, and continued the distance ahead of the D'D' in South-Nam-si, Namyang-si.

At the time, since it is a night and an intersection where a signal apparatus is installed, the driver of the motor vehicle has a duty of care to safely drive the front door and the left and right of the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the F bicycle driven by the victim E (the 16-year-old) in front of the right side of the motor vehicle driven by the Defendant, in contravention of the signal, from the front side of the front side of the motor vehicle driven by the victim E (the 16-year-old) in the front side of the front side of the motor vehicle driven by the Defendant.

Ultimately, around March 8, 2016, at around 02:15, the Defendant caused the death of the victim due to the occupational negligence at the Gangnam-ro, Gangdong-gu, Seoul Metropolitan Government 892 Gangwon-do University Hospital to cause the death of the victim due to the cerebral cerebral cerebral

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A death certificate, a protocol of autopsy, and a certificate of completion of autopsy;

1. Application of the Acts and subordinate statutes concerning field photographs, change photographs, and black stuffs images;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] and the scope of general traffic accidents (the scope of recommendations] and the scope of mitigation (the period from April to one year) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. Although the Defendant’s negligence in the decision of sentencing led to the death of the victim, the Defendant committed the instant crime.