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(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3225

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 of a low-priced motor vehicle B.

On September 22, 2015, the Defendant was driving a high-speed motor vehicle at around 12:10, and was proceeding to enter a neighboring road through the rear door at the parking lot of the Korea Institute of Construction and Technology located in the Seo-gu, Seo-gu, Seoyang-gu, Seoyang-si, Seoyang-si, the Defendant caused the victim C (e.g., 49 years of age) who was driving a bicycle on the left side from the right side of the Defendant’s course by neglecting his/her duty of late-time navigation to leave the road, and caused the victim to go beyond the road, and caused the victim to die the victim by blood ple, etc. at the Masan University Hospital of the Republic of Korea, which is located in the same 170-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes by capturing on the spot, on-site, a vehicle photograph, a photo of a changer, or a screen of a black stuff;

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 the selection of imprisonment without prison labor;

1. The Defendant’s negligence on the grounds of sentencing under Article 62(1) of the Criminal Act prevents his/her responsibility to lose his/her valuable life.

The victim has yet to be aged young.

However, the defendant is the first offender and is showing a form to reflect in depth the crime of this case.

The instant vehicle is covered by a comprehensive insurance, and the victim's bereaved family members were paid KRW 30 million in addition to the comprehensive insurance.

The above circumstances and the defendant's age, gender, sex, occupation, environment, family relationship, circumstances and details of the crime, victim's age, and circumstances after the crime shall be comprehensively considered in determining the punishment as ordered.