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(영문) 서울중앙지방법원 2014.01.10 2013고단7715
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 of a C van.

On October 3, 2013, the Defendant driven the above vehicle at a speed of about 80 kilometers in speed at the beginning of the Seocho-gu Seoul Metropolitan Government At the Seocho-gu Seocho-gu Seocho-gu At the ebbbbbbbanIC, the Defendant driven the above vehicle at a speed of about 10 kilometers in speed.

In this case, the defendant engaged in driving service has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

Nevertheless, the Defendant neglected this and proceeded along as it is while changing the two-lane, received the rear part of the D Driving E in the front part of the Defendant’s driving vehicle in the two-lane.

Ultimately, around 00:45 on April 10, 100, the Defendant caused the victim F, who was accompanied by the above occupational negligence, to die with a long-term disability at H Hospital located in Seocho-gu Seoul Metropolitan Government G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, and the

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a suspended sentence] Traffic crime, general traffic accidents, and Type 2 (Death of Traffic Accidents): No aggravated element: Reduction element: (a) no person shall be punished; (b) no person shall be punished [the scope of recommendations] from April to October (the area of mitigation) of imprisonment without prison labor; and (c) the defendant has changed the course of a defendant;

The crime of this case, which resulted in the failure to observe the victim's death by shocking the vehicle in progress, is not less vulnerable to the quality of the crime.

However, the defendant was willing to commit the crime of this case and depth his mistake.

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