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(영문) 의정부지방법원 고양지원 2016.07.21 2015고단3663

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 28, 2015, the Defendant driven the above car at around 16:40 on August 28, 2015, and runs at a speed that is one of the two-lane roads of about 300 meters in front of the Seoul at the direction of Mail-si, Seoul.

On the right side of the defendant's moving direction, the electric wheel chairs is underway, so the person engaged in driving service has a duty of care to live well and to safely proceed by adjusting the speed.

Nevertheless, the driver's negligence did not keep the front in mind and caused the victim to face the head on the ground by taking the front wheel chairs of the victim with the front wheeler of the car.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on November 21, 2015 at the F Hospital located in Gyeyang-gu E in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, to death due to the pulmonary labing surgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A death diagnosis and a statement of opinion;

1. A survey report on actual conditions;

1. Application of the photographic Acts and subordinate statutes;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act [the scope of the recommended punishment] There is no person who has no basic area (from August to one year and six months) (the person who is subject to special sentencing) (the person who is subject to special sentencing) (the decision of sentence] (the victim died due to the instant traffic accident).

The result of the crime is very severe, and the responsibility of the defendant is heavy.

The defendant has not yet agreed with the bereaved family or deposited money with the bereaved family of the victim.

However, there is no record of criminal punishment for about 19 years against the defendant.

In addition, the bereaved family members of the victim are insured in the status of driver insurance.