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(영문) 서울동부지방법원 2016.06.22 2016고단929

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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2016, the Defendant operated the said car at around 00:40 on March 3, 2016, and proceeded with the two-lanes of 160 Gosan-ro, Seongdong-gu, Seoul, at the speed of about 50 km from the front side of the 5-lane apartment in front of the 160 large-scale rupture apartment.

At the time, the victim C(72) is at night and without permission crossings installed on the front side of the defendant, so the defendant engaged in driving of the motor vehicle was due to the negligence of the defendant's driver's duty of care to properly see the front side and to prevent the accident by reducing the speed of the accident, which led the victim to the front side of the motor vehicle left side of the defendant's vehicle.

Ultimately, around March 3, 2016, at around 06:05, the Defendant caused the death of the said victim by an anti-blood shock from the so-called Hanyang University Hospital located in Seongdong-gu Seoul Metropolitan Government 222-1, on the said occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A fact-finding survey report, a traffic accident occurrence report, and a criminal investigation report;

1. A death diagnosis report or postmortem report;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident Type 2 (Death by Traffic Accidents) in the area of special mitigation (2............) in the area of special mitigation (2........... the victim is also negligent in the occurrence of traffic accident, the bereaved family members do not want the punishment of the defendant by mutual consent with the bereaved family members of the victim [decision of the sentenced sentence], the bereaved family members do not have any record of other punishment except the punishment of a fine of 700,000 won due to violence in 201, and there are no other punishment except the punishment of