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(영문) 서울남부지방법원 2016.02.04 2015고단5251
교통사고처리특례법위반
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 became final and conclusive.

Reasons

Punishment of the crime

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

On October 22, 2015, the Defendant driven the above car at around 14:30, and proceeded to the new air route along the two-lanes of the D-W in front of the D-W in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, the Defendant: (a) while the driver of the vehicle running in the vehicle transfer zone of the Defendant’s vehicle discovered the victim E (V, 80 years old) who illegally crosses the road on the right side from the Defendant’s driving direction and reduced the speed; (b) although the driver of the vehicle driving in the vehicle transfer zone discovered the victim E (V, 80 years old) who illegally crosses the road on the right side from the Defendant’s driving direction, the Defendant neglected to find the victim due to the negligence of moving the Defendant’s vehicle from the first lane to the second lane; and (c) led the victim to the death of the Defendant’s vehicle in front of the Defendant’s vehicle to the right side of the high-speed hospital at Hannam University on October 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (the scope of recommended punishment) of the Criminal Act (including efforts to recover damage), where the victim is at considerable fault in the occurrence of a traffic accident or the expansion of damage, the decision not to punish the victim (including efforts to recover damage) [the decision of sentence] [the decision of sentence] is to determine the sentence as ordered within the scope of recommended punishment, taking into account the content of the instant accident, the circumstances as seen earlier, etc., and the following circumstances.

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