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(영문) 서울북부지방법원 2015.01.22 2014고단4088

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 one year 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 B-hand vehicle.

On September 24, 2014, the Defendant driven the above car at around 17:05, and proceeded with the way in the apartment complex C, Dongdaemun-gu Seoul Metropolitan Government, with the same apartment 110 gate from the front door of the door door to the same apartment.

Since the place is an apartment complex with many pedestrians, there was a duty of care to safely drive by checking whether there is a pedestrian or not a person engaged in driving duty.

Nevertheless, the defendant neglected this and got the victim to go to the right door of the apartment complex due to the negligence that passed through the door door of the apartment complex and turn to the left. The physical part of the victim D (74 years old) who was going to the right door of the apartment complex was moved to the front part of the car driving of the defendant and got the victim to go to the road.

At around 17:16 of the same day, the Defendant caused the death of the victim by his occupational negligence due to the suspension of cardiopulmonary closure in the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence, actual condition, and supplement of E traffic accidents;

1. A traffic accident report;

1. A death certificate;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, 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, and selection of

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence for the sentencing guidelines / [type] traffic crimes, general traffic accidents, and death of traffic accidents (type 2] (Special Sentencings): Reduction factors: No penalty surcharge (agreement) (Scope of the sentenced sentence) shall be imposed for April -10 (Discretionarys);

3. The defendant who has been sentenced to sentence shall drive his/her vehicle in order to stop through the entrance of an apartment and neglect his/her duty to stop on the front.