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(영문) 서울남부지방법원 2016.04.14 2016고단744

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On December 2, 2015, around 15:45, the Defendant proceeded ahead of the Yeongdeungpo-gu Seoul Metropolitan Government Seocheon-ro 172 Young High School from the 6nd of the Dong community service center in the new-ro to the Gyeongnam-ro, Gyeongnam-ro, Gyeongnam-ro, and proceeded along the intersection without signal apparatus.

In such cases, a person engaged in driving service has a duty of care to stop prior to entering the intersection, to live well on the left and the left, and to drive safely by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the defendant neglected the above duty of care and stopped before entering the intersection, and did not look at the left and left, and thereby, the defendant got a bicycle for the victim C(87) driving on the right side in the direction of the defendant's proceeding.

Ultimately, the Defendant caused the death of the victim due to the death of the victim due to the foregoing occupational process and room, and caused the death of the victim due to the pulmonary collection while receiving treatment at the Gangnam-gu Seoul Special Metropolitan City New-ro 1, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Special Metropolitan City sexual Hospital around December 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, a black stuff image, a death certificate, and a comprehensive traffic accident analysis report;

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

1. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The fact that the victim’s bereaved family members and the bereaved family members have agreed smoothly, the defendant has no previous criminal record, the primary offender has been covered by the automobile comprehensive insurance, the fact that the mistake has been divided and reflected, and some of the victims have been negligent;

The defendant's age, sex, family environment, motive and circumstance of the crime, means and result of the crime, as well as the age of the defendant, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime.