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(영문) 서울중앙지방법원 2013.09.13 2013고단4345

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 08:45 on May 29, 2013, the Defendant was driving a CSS5 car and proceeded along the three-lanes of the above road with the 4-lane 1163-8 upper speed of the 1163-8 upper speed of the city in Gangnam-gu Seoul, Gangnam-gu with the 3-lane 1163-8 upper speed of the road from the surface of the Gu, the Defendant neglected the duty of care to safely make a right-hand by looking at the right-hand side of the road in advance while driving the 3-lane of the above road, despite the fact that the Defendant had a duty of care to safely make a right-hand by looking at the right-hand side of the road in advance, and due to the negligence by the victim D (the age of 65) who was driving along the four-lane road in the above four-lane road, and caused the death of the victim in the front right-hand part of the above vehicle to go beyond the road and caused the victim and the victim's chest in Gangnam-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in relation to H;

1. Statement of a written diagnosis of death;

1. Application of Acts and subordinate statutes to entries in a survey report on actual condition;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of the recommended sentence for the sentencing guidelines / [type] the traffic crime group, general traffic accidents, and death of traffic accidents (type 2): Reduction element of punishment (type 2): April of imprisonment without prison labor for not more than 4 months [the scope of the recommended sentence] - October;

2. A sentence of sentence is rendered under the circumstances unfavorable to the accused that the serious result of the death of the victim has occurred due to the traffic accident of this case, the defendant has agreed with the bereaved family members of the victim, and the defendant has been subject to criminal punishment.