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(영문) 서울북부지방법원 2016.01.05 2015고단3985
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2015, the Defendant driven a D-Apurburon car around 10:24 on October 20, 2015, and proceeded with a one-lane road in front of the Seoul Southernbuk-gu, Seoul, as a mine shooting range from the north middle school.

At the time, the victim F (83) was driven ahead of the vehicle of the defendant, and the bicycle driven by the victim F (83) was driven ahead of the same direction, so the defendant who is engaged in driving of the motor vehicle is obliged to take care of the situation of the preceding bicycle, secure a sufficient safety distance, and safely drive the bicycle.

Nevertheless, the Defendant neglected this and neglected to proceed to the left-hand side of the bicycle, and caused the victim to be faced with the front part of the vehicle of lurged by the front part of the vehicle of lurg, which is the front part of the vehicle of lurg and the front part.

Ultimately, around October 22, 2015, the Defendant caused the victim to die of cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebralop from G hospital around October 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The actual investigation report on traffic accidents;

1. Blue photo of the vehicle involved in the accident, photographic photo of the vehicle involved in the accident, bicycle scene photo, blue video CD, Internet address and photograph of the accident site, and secondary accident site photograph;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of special mitigation (the period from February to October) (the special mitigation person] (including the person who has made a special mitigation person) where there is a considerable fault in the occurrence of traffic accidents or the expansion of damage, and the victim is not subject to punishment (including the efforts made to recover

2. Circumstances unfavorable to the determination of sentence: The instant case beyond the median line;

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