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(영문) 서울동부지방법원 2016.08.18 2016고단1764
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Oralba.

On December 30, 2015, the Defendant driven an Oral Ba on the upper 18:05 on December 30, 2015, followed by two-lanes of the two-lane road of the 1-lane 24 degrees in Songpa-gu Seoul, Songpa-gu, Seoul, along the two-lanes of the 3-lane 24 degrees in order to proceed to about 40km in the speed of 1,000 square meters.

At the time of night, however, there was a duty of care to prevent accidents in advance by safely driving a vehicle driving by reducing speed and putting the front door well.

Nevertheless, the Defendant neglected to do so and found the victim D (70 s) who was moving the finger at the front of the river by neglecting it and neglecting it, and operated it to avoid it. However, the Defendant was able to avoid it. However, the Defendant did not avoid it and the Defendant was able to take the hand knife that the victim was towed by the front part of the front part of the Defendant’s Oral Sea, and continued to proceed in the opposite part of the central line while the said hand knife was pushed back by the knife.

E The victim was faced with a car in the FSpo area operated by E, and the victim was over the floor.

Ultimately, around January 5, 2016, at around 23:35, the Defendant caused the death of a victim who was treated in the Asan Hospital located in the Songpa-gu Seoul Olympic Games, 43:8, by the aforesaid occupational negligence, due to brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident investigation report and a traffic accident occurrence report;

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

1. In light of the relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act, there were serious consequences of the victim’s death due to the defendant’s mistake in sentencing, and the fact that the victim’s bereaved family members wish to punish the defendant is disadvantageous to the circumstances.

However, at night, we get off and get off at night.

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