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(영문) 서울중앙지방법원 2016.09.21 2016고단5276
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving of the CM5 vehicle.

On May 4, 2016, the Defendant, located in Dongjak-gu Seoul Metropolitan Government D, around 17:15 on May 4, 2016, proceeded one lane from the three-lanes in front of the E S-distance to the station of the straight-line, and came to the left.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate steering wheels, brakes, and other devices, and shall not drive a motor vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the road traffic situation and the structure and performance of the motor vehicle, and has a duty of care to thoroughly examine the right and the right and the right and the right of the motor vehicle and prevent the accident by driving the motor vehicle

Nevertheless, the defendant did not discover the GOba of the victim F (22 tax) driving, which was driven by the two-lanes of the opposite part of the two-lanes in accordance with the straight Jin Shin, while neglecting the above duty of care, and did not find the GObaba in the two-lanes of the opposite part, and the front part of the Obaba was shocked into the front part of the above car.

Accordingly, the defendant caused the victim's death of multiple injuries at the I Hospital in Dongjak-gu Seoul Metropolitan Government, which was under medical treatment after around 17:52 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Video materials;

1. Data on autopsy;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis replies;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] [the scope of recommendation] under Article 62(1) of the Criminal Act on the grounds of the suspended sentence [the grounds for sentencing] and Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing [the grounds for sentencing] are as follows: (a) the mitigation area (the period from April 1 to year); (b) [the person who has been specially mitigated] the punishment not (including efforts to recover

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