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(영문) 서울북부지방법원 2017.06.08 2016고단4578

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the E Cost Star Cargo Vehicles.

On June 18, 2016, around 07:20 on June 18, 2016, the Defendant continued to run at the nearest road of the Seoul Northernbuk-gu at an aesthetic speed.

At the time, many houses are frequently located in neighboring residents, so there was a duty of care to check whether a person engaged in driving a motor vehicle is able to get out of the front and rear, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not discover the victim G (73) who was protruding from the rear side of the Defendant’s driver’s vehicle in the marine, but did not discover the victim G (73) who was protruding the direction on the rear side of the Defendant’s driver’s vehicle, and had the victim go beyond the floor, and had the victim go beyond the floor while driving again.

Ultimately, the Defendant caused an injury to a plant by his or her occupational negligence by causing serious injury to the victim, such as brain fluor who is unknown about the number of days of treatment, and thereby resulting in a plant human condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to medical 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 the selection of imprisonment without prison labor;

1. Standard for sentencing the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type] The basic area of sentencing [the scope of recommending a traffic accident] basic traffic accident [the scope of recommended] [the imprisonment without prison labor for April to 1 year] - Special mitigated person: In the event of a serious injury, the victim of the decision of sentencing is currently the human state of the crime in this case, the first offender, the defendant immediately requested relief to the 119 first class, the fact that the automobile comprehensive insurance was subscribed to a traffic accident, and the victim's family members agree with each other (Provided, That the victim is the victim.