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(영문) 서울북부지방법원 2016.05.10 2016고단572
교통사고처리특례법위반
Text

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

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 drives a rocketing individual taxi.

On November 23:58, 2015, the Defendant was driving the said taxi on a three-lane road in front of the E-cafeteria located in Seoul Special Metropolitan City, Nowon-gu D from the monthly underground vehicular road to the two-way intersections.

At the same time, there was a rain, and in this case, the driver of the motor vehicle has a duty of care to reduce the speed and to accurately manipulate the steering direction and brake system by properly manipulating the steering direction and brakes by taking into account the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant did not reduce speed, and the Defendant did not properly look at the front side, and was negligent in driving the victim F(63 Do) of the victim F(63 Do) who was parked as a signal signal in the front straight line, followed the front part of the vehicle that the Defendant is driving.

Ultimately, around November 8, 2015, around 00:21, 200:21, the Defendant caused the victim to die due to serious brain damage in front of the 323th 119 Safety Center, Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of I, J and K;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to dead bodies;

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 and the criteria for suspension of execution, the records of criminal defendant's like crime, vehicles driven by the defendant are covered by 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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