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(영문) 서울서부지방법원 2016.03.08 2015고단3203

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 motor vehicle in the D SP area.

On November 14, 2015, around 18:24, the Defendant, at the same time, continued to turn to the left the right at the same direction as the apartment house in the same direction in the same apartment 109-dong apartment.

At the same time, it was difficult to view the passage of the vehicle at night, and there was a T-self-concept in the front door with the side road of the apartment complex having frequent passage of pedestrians. In such a case, there was a duty of care to prevent accidents by driving the vehicle while checking the safety of the course in the direction of driving the vehicle to reduce speed and to ensure the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and went beyond the road by taking the upper half of the victim E (the 67 tax) coming to the right from the left side of the course of marina course due to negligence, with the top part of the victim E (the 67 tax) on the left side of the said car and having the victim go to the road.

At around 02:04 on November 15, 2015, the Defendant caused the victim's death by occupational negligence from the G Hospital emergency room located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the diculous shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. by Traffic Accidents), the mitigation area (4 to 10 months), [including special mitigation persons] the punishment committee (including efforts to recover damage), unfavorable circumstances: A circumstance in which the victim dies and causes irreparable damage: A circumstance in which the victim’s death and the victim’s death and the victim’s death and the victim’s driver’s vehicle has agreed with the victim’s bereaved family.