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(영문) 서울북부지방법원 2015.09.01 2015고단1663

교통사고처리특례법위반

Text

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

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 driving CDam Motor Vehicle.

On April 26, 2015, at around 20:20 on April 26, 2015, the Defendant was driving the said vehicle on the back side and became left left.

At the time, there is a night, and there is a house that is expected to cross pedestrians, so there was a duty of care to prevent accidents by thoroughly operating the steering system and steering system in the front direction and properly operating the steering system.

Nevertheless, the victim E (the age of 80) who had been living alone due to the negligence of neglecting it, was obtained as the above vehicle and went beyond the floor.

Ultimately, around 05:03 on April 27, 2015, the Defendant caused the death of the victim due to the cerebral cerebral cerebral cerebral cerebral cerebralop from the Seoul Central Medical Center located within the 156-gu Seoul Central Medical Center.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on traffic history (1) (2) (the actual survey report);

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] general traffic accidents in general shall not be punished in the area (four months to ten months) mitigated (special mitigation).

2. The defendant's decision of sentencing has caused the accident of this case by occupational negligence such as the statement of facts constituting a crime and caused the death of the victim.

I would like to say.

However, the fact that the vehicles of the defendant were covered by comprehensive insurance, the fact that the defendant does not want the punishment of the defendant by mutual consent between the victim's bereaved family members and the victim's bereaved family members, and the defendant's mistake is recognized and against it.