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(영문) 서울남부지방법원 2015.04.09 2015고단258

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 engaging in driving a shower car.

On November 2, 2014, the Defendant driven the above car at around 17:10, and driven the road of four lanes in front of Guro-gu Seoul Metropolitan Government along two-lanes from the Gu road to the Guro digital group area.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering direction and brake system.

Nevertheless, the Defendant did not neglect this and did not discover the victim F (76 years of age) who was towing the hand gate from the left side of the running direction to the right side of the road and crossing the road, and received the victim from the front part of the said car.

As a result, the Defendant suffered serious injury by having the victim suffer from serious injury by putting the victim in an unidentified state due to an in-depth cerebral cerebral ties, which focuses on two open situations, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (related to telephone conversations of a blind person);

1. Investigation report (verification of the current health status of the victim, whether an agreement has been reached, etc.);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] general traffic accident area (type 1) (type 1) where serious injury occurred (type 1) [the decision of sentence] and the degree of fault and damage of a defendant, etc. However, in light of the fact that the defendant recognizes and reflects a crime, the fact that the defendant has an agreement with the victim, the victim was negligent in crossing the road without permission, the fact that the defendant has no criminal power, the age, character and conduct, environment, and circumstances after the crime, etc. of the defendant.