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(영문) 서울남부지방법원 2016.02.11 2015고단5442

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 5, 2015, at around 09:45, the Defendant driven a rocketing car, and proceeded two lanes from the two-lanes of the Yangcheon-do in Yeongdeungpo-gu Seoul Metropolitan Government, which are located in Yeongdeungpo-gu, to the Hansan-do basin in the Sungsan-do.

It is the section where the speed of restriction is 30 km and is kibs on the front side, and there was a duty of care to observe the speed limit to those engaged in driving of the motor vehicle, and to proceed with the previous room.

Nevertheless, the Defendant did not discover the victim D, who crosses the road to the right side from the left side of the Defendant at the time when he was at the speed above the speed of the restriction, due to negligence that led to an influent speed beyond the speed of the restriction, and instead did not discover the victim D, who crosses the road to the right side, and received the front part of the said car.

Ultimately, around November 21, 2015, the Defendant caused the victim’s death by the occupational negligence, from the F hospital located in Yangcheon-gu Seoul Metropolitan Government E to the large-scale shock caused by the large-scale e and the alley e-ray shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Each photograph (including transport data), investigation report (on-site investigation);

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] is that the victim was at considerable fault in the occurrence of a traffic accident or the expansion of damage, the victim's failure to punish (including efforts to recover damage) [the decision of a sentence] occurrence of a serious result due to a traffic accident, but the victim was at fault in the occurrence of the accident, the vehicle involved in the accident is covered by the comprehensive insurance, and after the accident.