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(영문) 서울남부지방법원 2014.11.20 2014고단3849

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 two or more bicycles.

On July 21, 2014, the Defendant driven the above bicycle on July 21, 2014, and proceeded with the light plaza of the Han River Park, which is front of the dorodo basin located in the dorodo-dong, Yeongdeungpo-gu, Seoul, at about 15km speed from the Han River to the bicycle lane.

There is a crosswalk in which the passage of bicycles and pedestrians is frequent, which connects the squares located on the opposite side with a bicycle lane, and thus the bicycle and the crosswalk that enter the bicycle lane are built, and the person engaged in driving service has a duty of care to reduce the speed and prevent accidents in advance by driving safely while driving safely by reducing the speed.

Nevertheless, the defendant neglected this and did not avoid the victim C (79 years of age) who was walked by the left side of the opposite side of the course direction due to the negligence of the defendant's neglect and did not go beyond the road.

Ultimately, around August 7, 2014, around 17:10 on August 7, 2014, the Defendant caused the death of a victim who was receiving medical treatment at a medical corporation sexually pathogenic hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu 53-ro 22, due to the cerebral cerebral cerebral cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to death certificates and opinions;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that there is no basic area ( August-1 and June) of the second type of traffic accident (the death of traffic accident) [the decision of a special person] [the decision of a sentence] the criminal liability is heavy in light of the defendant's negligence and degree of damage, etc., but the defendant commits the crime.