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(영문) 서울중앙지방법원 2016.06.08 2016고단360
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 is engaged in driving of a motor vehicle with sod motor vehicle of D.

On November 6, 2015, the Defendant driven the above car at around 12:37, and led the F cafeteria in Seoul Special Metropolitan City, Gwanak-gu, to drive the car, and turned back the side streets adjacent to the F cafeteria in Seoul Special Metropolitan City.

Since there is no delivery and the width of the road is narrow, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle so that the driver of the motor vehicle can not compromise others or things due to the advanced operation by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and found the Victim G (79) who was coming at the edge of the above road, which was moving back, late later, and followed the victim G (79). In lieu of operating the operation of the operation system, the Defendant continued the victim to go up to the ground by taking the victim by force with the troke section of the above car.

At around 23:13 of the same day, the Defendant caused the victim’s death by an occupational negligence at the Central University Hospital located in the Dongjak-gu Seoul Metropolitan Government Black Tro 102, resulting in the loss of a parous shock during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Photographss of the scene of the accident, CCTV images for crime prevention, etc.;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the first offender, the deposit of money for the recovery of damage, and the fact that it

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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