(영문) 서울북부지방법원 2014.10.16 2014고단2612

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2014.10.16 2014고단2612

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for nine months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On May 15, 2014, the Defendant driven the above car at a speed of about 100 kilometers per hour from the 05:28th of May 15, 2014, and driven the four-lane road near the 271st of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, along that two-lanes of the road.

At the time, it is a new wall around the new wall and its place is 60 kilometers a speed of 60 kilometers a speed, so a person engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle safely by thoroughly observing the front and the speed limit.

Nevertheless, the Defendant neglected this and neglected to drive the vehicle at a restricted speed and neglected to drive the vehicle to the port from the right side of the running direction of the Defendant, and instead neglected to drive the vehicle to the right side of the road without permission, and received the victim E (29 years old) from the front side of the vehicle.

Ultimately, at around 06:13 of the same day, the Defendant caused the victim to die with cardiopulmonary pulmonary pulmonary pulmonary pulmonary surgery at the Korea National Medical Center Hospital at the Korea National Medical Center Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Comprehensive traffic accident analysis letter;

1. Application of the photographic Acts and subordinate statutes;

1. It shall be so decided as per Disposition on the grounds of the relevant Article of the Act on 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

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence for the sentencing guidelines / [type of punishment] traffic crimes, general traffic accidents, and death of traffic accidents (type 2): Where there is a substantial and substantial room for the occurrence of traffic accidents or the expansion of damage to victims (the scope of the recommended sentence], April -10 (the area of mitigation);

3. The decision of sentence shall be binding upon the defendant who neglects his duty of care in the front direction and shall be in excess of the limited speed; and

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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