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(영문) 서울남부지방법원 2017.11.23 2017고단5041
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 a KS5 car.

On August 6, 2017, the Defendant driven the above car at around 23:15, and driven the two-laned roads in front of the D in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, with the speed from the shooting distance room outside the mountain to the non-speed.

At the time, since it is night, there was a duty of care to operate safely by thoroughly prior to the front.

Nevertheless, as the Defendant neglected to do so and neglected to do so, the Defendant obtained the rear part of the bicycle driven by the victim E (61) from the right side of the front side of the Defendant’s vehicle from the front side of the Defendant’s vehicle to the front side of the Defendant’s taxi and got the said victim over the ground, and caused the victim to die due to two damage during treatment in the emergency room of the Lee Jong-dong Hospital in Yangcheon-gu Seoul Metropolitan Government on the same day at around 23:45 day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to death certificates;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is that there are more favorable circumstances, such as the following: (a) the mitigation area of the two types of general traffic accidents [the person subject to special mitigation] [the person subject to special mitigation] [including efforts to recover damage] the results of the instant accident in August of imprisonment without prison labor, the suspension of execution of the two years]; (b) the confession, confession, and reflect; (c) the agreement with the victim's bereaved family members is reached; and (d) the same criminal records and fines are no longer criminal records, which are heavier than the same criminal records and fines.

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