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(영문) 서울북부지방법원 2017.02.09 2016고단2909

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 a CCA110S motor bicycle.

On March 22, 2016, the Defendant driven a bicycle with a motor device on March 22, 2016, and proceeded one lane in front of Dobong-gu Seoul Metropolitan Government D in front of Dong-gu with a speed of about 30 kilometers per hour from the surface of the earth to the surface of the sea by sea, etc.

At night, since it was difficult for a road to take place at night, there was a duty of care to prevent accidents through the process of checking whether a person engaged in driving service has a pedestrian or not by reducing speed and checking the right and the right of the road well.

Nevertheless, when the defendant neglected this and proceeds by negligence, the victim E, who crosses the right side from the left side of the bicycle riding direction of the defendant's driver's motor engine, was sent back to the front side of the defendant's driver's motor bicycle, and let the victim go beyond the ground.

Ultimately, the Defendant suffered from injury to brain wound, salvinal salopty, and the Defendant caused the death at G hospital located in Dobong-gu Seoul Metropolitan Government F on March 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs;

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

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: The main sentence is to consider the following conditions of sentencing under Article 51 of the Criminal Act: (a) the occurrence of a serious consequence of the death of the victim of the instant accident; (b) the circumstance favorable to the victim is deemed to have no gross negligence; (c) the victim was at fault crossing the accident without permission; (d) the victim was committed with his/her bereaved family; (e) the victim was against the Defendant’s age, sexual behavior, environment, etc.