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(영문) 서울남부지방법원 2017.11.16 2017고단4359
교통사고처리특례법위반(치사)
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 bicycle.

On July 25, 2017, the Defendant driven the above bicycle around 21:35, and proceeded with the Han River bicycle on the 69-ro, Gangseo-gu, Seoul, Yangcheon-ro, Yangyang-ro, at a emulculation from the emulculation to the emulculation.

At the time, the place is night, and there are many people who are pedestrians and bicycles, so the person engaged in the bicycle driving service has a duty of care to prevent accidents by checking well the right and the right and the right and the right and driving safely and driving safely.

Nevertheless, the defendant neglected this and found the victim B (W, 71) crossing the left side from the right side of the road due to his negligence, and immediately operated the hand to the right side in order to avoid this, but the defendant did not avoid it and did not go beyond the ground by receiving the victim from the front part of the defendant's bicycle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the death of the brain.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, and death diagnosis reports;

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

1. Although the grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence under Article 62(1) of the Criminal Act led to a serious consequence of the death of a victim by shocking the injured party on the bicycle lane, the sentence shall be determined as ordered in consideration of various circumstances, such as the victim’s bereaved family members and the bereaved family members, the primary crime, the subscription to liability insurance, the circumstances leading to the accident, and the circumstances after the crime;

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