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(영문) 서울남부지방법원 2014.07.25 2014고단2207
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 small-scale car B.

피고인은 2014. 5. 2. 09:20경 위 승용차를 운전하여 서울 강서구 공항대로 311 빕스 앞 도로를 등촌 중학교 방면에서 발산역 방면으로 시속 약 5km의 속도로 우회전하여 진행하게 되었다.

Ma-do 4-lanes of the road of Gangseo-gu Office building are driving by the injured party C (the 43-year-old) along the four-lanes from the basin of the mountain basin of Gangseo-gu office building. Since the DCA110 Oba, the injured party C (the 43-year-old) was under direct control, there was a duty of care to accurately operate the brake and steering gear so that the person engaged in the driving of the motor vehicle could not interfere with the vehicles directly leading to the front and the right and the right and the right

Nevertheless, the Defendant neglected this and caused the death of the Defendant’s driver due to the negligence of bypassing the right and the right and the right and the part of the Defendant’s driver’s front part of the car, which is the front part of the Defendant’s driver’s drive, beyond the right and right part of the victim’s driver’s driver’s drive. On May 6, 2014, at the F Hospital located in Dongjak-gu Seoul Metropolitan Government E around 13:08, the Defendant caused the victim to the death of the victim due to the sudden pressure increase

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. of Traffic Accidents) (Special Mitigation) (including efforts to recover damage), the area of mitigation (4 to October), the area of mitigation (including special mitigation) [decision of sentence] imprisonment without prison labor for six months, the period of suspended execution for one year (the first crime, the motor vehicle comprehensive insurance is subscribed, the fact that the victim has agreed with his/her bereaved family members, etc.);

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