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(영문) 서울남부지방법원 2014.08.13 2014고단2084

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving a car in Cknife.

On May 9, 2014, the Defendant: (a) around 19:10, while driving along the street park distance intersection in Yeongdeungpo-gu Seoul Metropolitan City, along the three-lanes from the border to the 5-lane, at the intersection, the Defendant: (b) caused the red signal to the high speed of the new road, and caused by negligence in the course of business, which directly caused the signal to the right side of the course, and caused the high speed part of the front part of the E-high-speed car driven by D driving from the signal to the right side of the signal, as it is, in violation of the signal, to cut down the victim F (50 years of age) and the victim G (43 years of age) in front of the vehicle driving on the right side of the said car in the direction of the vehicle due to the shock.

On May 12, 2014, the Defendant caused the victim F to die with the victim F due to such occupational negligence on May 12, 2014, at the Guro-gu Seoul Metropolitan Government Medical Center Hospital of Korea National University of Medical Center in Guro-gu, Seoul, by multiple long-term care, etc., and at the same time, the victim G suffered approximately 12 weeks of treatment, such as the right balone thalone thalth, abandonment,

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A death certificate and a medical certificate;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are very serious in the results of the instant traffic accident, and there is no negligence on the part of the victim, while the automobile comprehensive insurance is purchased, and the agreement with the victim and his/her bereaved family members is taken into account.