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(영문) 서울북부지방법원 2016.02.16 2015고단4013
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 Cone Star Co., Ltd.

On September 29, 2015, the Defendant driven the above vehicle on September 29, 2015, and driven the five-lane road in front of the Seoul Jung-gu Seoul Metropolitan Government, along the two-lanes from the chilling side of the uppermost road to the string distance of the network.

At the time, there were new walls and crosswalks around the bus stops and crosswalks, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brakes of the vehicle with the driver's duty of care.

Nevertheless, the defendant neglected this and got the victim E (62 , E) who was on the road on the Madern bank road due to negligence of the defendant, to go beyond the road by taking the front part of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence above 06:36 on the same day from Seoul Medical Center located within 156 in Jung-gu Seoul Central District, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A traffic accident report (1) (2) (2)

1. Report on internal accidents;

1. A corpse inspection report and a corpse inspection report;

1. Application of statutes on site photographs;

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 of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (hereinafter referred to as "special mitigated person"), [including efforts to recover damage] mitigated area (including Special mitigated person] [Pronouncement Decision], but there were significant results of the victim's death due to the instant traffic accident. However, the defendant recognized his mistake and against his mistake, the vehicle of the defendant was subscribed to comprehensive insurance, and the defendant was the victim.

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