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(영문) 서울북부지방법원 2016.07.05 2016고단1500
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 C-A-hurd motor vehicle.

On December 9, 2015, the Defendant driven the above car at around 06:35, and driven the three-lanes of the E kindergarten located in Gangnam-gu Seoul, Gangnam-gu, Seoul, along the two-lanes of windows from the forest room in the Blue House in Northwest-gu.

At the time, kindergartens, gas stations, etc. are located near the night and in the vicinity, and the road blue forest blusing in North Seoul, which is a part of the defendant's moving direction, is designated as a child protection zone, and thus, pedestrians could cross the road, such as a road blusing in North Seoul, which is a part of the defendant's moving direction, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system

Nevertheless, the defendant neglected this and did not find the victim F (77 years old) who crosses the road to the right side from the left side of the defendant's moving direction due to negligence, and did not discover the victim F (7 years old) and went beyond the ground by receiving the victim from the front part of the vehicle of the defendant.

Ultimately, the Defendant caused the victim's death at the same time and place of the above occupational negligence due to multiple wounds, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Reporting of a traffic accident (1) (2);

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 (Selection of Imprisonment without prison labor);

1. Consideration, such as the scope of recommendations according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62 (1) of the Criminal Act, the scope of the suspended sentence and the criteria for the suspended sentence, the defendant has no criminal record of not less than a suspended sentence, the occurrence of the instant accident, the negligence of the victim crossing the road on the new wall, the vehicle driven by the defendant is covered by a comprehensive insurance, and the victim does not want the punishment of the defendant separately by agreement with the bereaved family members of the victim;

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